Court directs DGP to take action against IO and perjury against prosecutrix

Jammu, December 3
In a major development in much publicized Akhnoor Sex Scandal, today Presiding Officer Kishore Kumar of Fast Track Court acquitted all the accused allegedly involved in Akhnoor Sex Scandal case as prosecutrix hostile.
After hearing Advocates Abhinav Sharma, Himanshu Beotra, Sahil Aggarwal, PS Pawar appearing for the accused persons, Court observed that this is very unfortunate that the victim has resiled from her earlier statement made before the Judicial Magistrate Akhnoor. She has also leveled serious allegations against the I/O namely Kuldeep Singh (ASI) and the then SHO which warrants the judicial as well as administrative action against the erring police officers connected with the investigation of the case. It has been noticed that the Rape cases are being investigated by ASI against the mandate of law like the present one. The courts can come to the rescue of the aggrieved persons only when the victim intend to seek the assistance of the court by speaking the truth. This practice needs to be curtailed .The purpose of the Sec 164A Cr.P.C seems to be defeated when the victim turns hostile. The act of the witness ,the prosecutrix definitely warrants the action U/S 479-B Cr.P.C. Office is directed to issue notice to the prosecutrix in terms of Sec 479-B Cr.P.C. directing her to show cause as to why proceedings u/s 479-B of Cr.P.C be not initiated against her. Court ordered that a copy of this judgment be sent to Director General of Police, Jammu and Kashmir for information and appropriate against the erring police officers under an intimation to this court within a period of three months. While passing abovesaid direction, Court after hearing Adv Abhinav Sharma with Adv Himanshu Beotra observed that it is imperative to mention here that now a days, there is a public anger and hue and cry is being raised that the courts are not convicting the rape accused. However, no person, accused of rape, can be convicted if the witnesses specially the victim and the material witnesses do not support the prosecution case or give the quality evidence as in the present case where the prosecutrix itself turns resile from her earlier statement made under section 164-A Cr.P.C.. It should not be ignored that the court has to confine itself to the ambit of law and the contents of the file as well as the testimonies of the witnesses and the courts are not to be swayed by emotions as there is no place of emotions and sentiments in the criminal judicial system. There should be no conviction/acquittal on the basis of sentiments.
With these observations court acquitted Pawan Kumar @ Pappa son of Balak Ram of Ward number 10, Akhnoor, Tehsil Akhnoor, Amit Gupta son of Chaman Lal of ward number 2, Akhnoor, Tehsil Akhnoor, Anil Magotra son of Harminder Lal of Barui at present Manda, Tehsil Akhnoor, Hardeep Tagotra alias Sahil alias Rehan son of Krishan Lal of Gandarwan, Tehsil Akhnoor, Harminder Singh @ Mintu son of Babu Singh of Jadh, Tehsil Jourian and Rahul Gupta son of Inder Parkash of Ward number 6 Jia Pota Mohalla, Tehsil Akhoor. JNF

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