Kishtwar, May 22: After nearly three years of trial, the Principal District and Session Judge Kishtwar acquitted two rape accused in FIR No. 97/2014 U/S 376/363 RPC of Police Station Kishtwar.
As per the details available, Kishtwar police registered FIR No. 97/2014 against two persons namely Sudershan Singh son of Karan Singh resident of Village Shandri, Saroor Tehsil & District Kishtwar and Niten Sen son of Ram Saroop Sen Resident of Gujjar Kothan Saroor, Tehsil & District Kishtwar on the basis of the complaint filed by the father of victim at Police Post Drabshalla on 9-06-2014 stating that his 12 year old daughter was raped by the two accused after finding her alone and accordingly the investigation was carried by the then Dy. SP HQ Kishtwar after conducting the medical examination at Thathri hospital.
During the course of the trial, the judge found that the victim statement is inconsistent, self contradictory and does not find support from the testimony of the eyewitnesses who as per prosecution version had rescued her. Moreover the victim does not know about the months in a year, weeks in a month, days in a month and in such circumstances the possibility of tutoring the child witness cannot be ruled out.
“Keeping in view the above discussion this court has reached the conclusion that it is not safe to rely upon the sole testimony of the victim and it is not find corroboration from the testimony of other eyewitnesses cited by the prosecution-expert’s evidence also do not support the prosecution case. The identity of the accused persons at the place of occurrence is also doubtful” read the judgment.
The court fond that the witness Nazir Ahmed has retracted on material particulars and changed from his earlier statement which he give before the magistrate during investigation of the case, as such committed the Perjury.
“Therefore notice in terms of section 479-B Cr.PC be given to witness Nazir Ahmed to show cause that why he should not be punished for commission of the offence of Perjury” read the judgment.
Following court verdict, both the accused were released from Kishtwar District jail where they were lodge since last nearly four years.