Kishtwar, May 11 : A court in Kishtwar has acquitted a man accused in an alleged abduction and rape case, observing that the prosecution failed to establish the charges beyond reasonable doubt and that the investigation suffered from major shortcomings.
The judgment was delivered by the Court of Principal Sessions Judge Kishtwar, Sudhir Kumar Khajuria, in connection with an FIR registered at Police Station Chatroo under Sections 376, 366, 498 and 343 of the IPC in 2021.
According to the prosecution, a married woman was allegedly abducted in June 2021 while travelling to her parental home. The accused, who was reportedly known to the woman through her husband, was alleged to have offered her water mixed with an intoxicating substance, after which she allegedly lost consciousness and was repeatedly sexually assaulted in a forest area over several days.
The woman’s husband had lodged a missing report after she failed to reach her destination. Later, the woman was reportedly recovered from Batote, leading to the arrest of the accused and the framing of charges by the trial court.
During the proceedings, the prosecution relied mainly on the statements of the prosecutrix, her husband and her father. The prosecutrix told the court that she had boarded the accused’s vehicle as he was familiar to the family and later regained consciousness in a forest area where she was allegedly subjected to repeated sexual assault.
However, after examining the evidence, the court pointed out several inconsistencies and investigative deficiencies that weakened the prosecution case.
The court observed that although the woman was allegedly recovered from Batote Police Station, no proper record was produced regarding the circumstances of her recovery or the role of police personnel involved. It further noted that the alleged place of occurrence was neither identified nor inspected during investigation.
The court also highlighted that several material witnesses, including police officials associated with the recovery and investigating officers, were either not properly examined or not produced during trial. Persons who had allegedly informed the complainant about the woman’s disappearance were also not examined.
Significantly, the court found that the vehicle allegedly used in the commission of the offence was never identified or traced. It also noted that the prosecution failed to clarify the role of the alleged driver whom the prosecutrix claimed was present during the incident.
Reaffirming that criminal charges must be proved beyond reasonable doubt, the court held that the prosecution evidence lacked sufficient corroboration and reliability. It observed that conviction cannot rest solely on allegations when material witnesses remain unexamined and the investigation remains incomplete.
Finding the prosecution story doubtful, the court granted the benefit of doubt to the accused and acquitted him of all charges. It also ordered discharge of bail bonds and release of seized property, if any, in accordance with law after the expiry of the appeal period.
The prosecution was represented by Public Prosecutor Anshuman Dubey, while Advocate Anjali Gulati appeared for the accused.(KNC)
