Jammu Tawi, April 28
Principal Sessions Judge Bhaderwah MK Sharma while deciding two different challans of rape case, dismissed both the challans and acquitted the accused and issued show cause notice to prosecutirx.
In one case in which Principal Sessions Judge Bhaderwah MK Sharma had acquitted Chander Parkash son of Daya Ram resident of Kunan at present P Bhargi Tehsil Bhalessa Gandoh Dist. Doda and observed that Before parting, it is necessary to point out that both the material witnesses in this case have turned hostile and they did not support the prosecution for whom they were cited as witnesses. It is a serious issue. The statements of both these witnesses were recorded under section 164-A Cr.P.C before the Judicial Magistrate First Class, Thathri. The prosecutrix as well as her mother have admitted while deposing before this Court that their statements were recorded in the Court at Thathri. While deposing before this Court during trial they resiled from their earlier statements and have made contradictory statements. I cannot say at this stage as to which statements out of the two which they have made is true and which is false. The adversarial system of justice delivery is based upon the evidence.
If these things are not taken seriously and the guilty punished, the day is not far when the system as a whole will collapse. It is the mandate of section 164-A Cr.P.C that the person makes the statement voluntarily and the Magistrate recording the statement makes an endorsement to this effect. I shall proceed against the prosecutrix as well as her mother, whose statements during investigation under section 164-A Cr.P.C were recorded. Let show cause notice be issued to the prosecutrix and her mother to explain as to why they may not be proceeded for making false statement.
In another case Court acquits Mohd Farooq S/O Late Ghulam Rasool R/O Narnoo, TehsilBhaderwah and Nasir Nabi S/O Late Nasir Ahmed R/O Malnai Tehsil Bhaderwah with the observations that the prosecutrix has not said even a word that she was raped by the accused and issued show cause notice be issued to the prosecutrix to explain as to why she may not be
proceeded for making false statement. — JNF
Jammu Tawi, April 28