Court acquits man in alleged abduction & rape case, judge cites serious lapses in probe

JAMMU, May 11: The Court of Principal Sessions Judge, Kishtwar, presided over by Sudhir Kumar Khajuria, 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 “serious lapses.”
The accused was facing trial in connection with an FIR registered at Police Station Chatroo under Sections 376, 366, 498 and 343 of the IPC in the year 2021.
According to the prosecution, the incident allegedly took place in June 2021 when a married woman was travelling to her parental home. It was alleged that the accused, who was known to the woman through her husband, offered her water allegedly mixed with an intoxicating substance, causing her to lose consciousness. The prosecution claimed that she was thereafter taken to a forest area where she was repeatedly sexually assaulted over several days.
The prosecution further stated that after the woman failed to reach her destination, her husband lodged a missing report. The woman was later reportedly recovered from Batote, following which the accused was arrested and charges were framed by the trial court.
During the course of trial, the prosecution mainly relied upon the testimonies of the complainant-husband, the prosecutrix and her father. The prosecutrix deposed before the Court that she had boarded the accused’s vehicle as he was familiar to her through her husband. She alleged that after consuming the water provided by the accused, she became unconscious and later regained consciousness in a forest area where she was subjected to repeated sexual assault.
However, after examining the material placed on record, the Court found several inconsistencies and deficiencies in the prosecution case which, according to the judgment, created serious doubt regarding the allegations.
The Court observed that although the prosecutrix was allegedly recovered from Batote Police Station, no proper record regarding the role of police officials there or the circumstances under which she reached the police station had been produced before the Court. It also noted that the alleged place of occurrence was never properly identified or inspected during the investigation.
The Court further pointed out that several material witnesses, including police officials allegedly associated with the recovery process, investigating personnel, and persons who had initially informed the complainant regarding the woman’s disappearance, were either not properly investigated or were not examined during trial.
Significantly, the Court also noted that the vehicle allegedly used in the commission of the offence was neither identified nor traced during the investigation. The prosecution, the Court observed, also failed to present a clear account regarding the alleged driver whom the prosecutrix had claimed was present at the time of the incident.
Reiterating the settled legal principle that criminal charges must be proved beyond reasonable doubt, the Court held that the prosecution evidence lacked sufficient corroboration and reliability. It observed that when material witnesses remain unexamined, the alleged scene of occurrence is not established, and investigation remains incomplete, a conviction cannot be sustained merely on the basis of allegations.
Finding the prosecution story doubtful, the Court extended the benefit of doubt to the accused and acquitted him of all charges. The Court also directed discharge of bail bonds and ordered release of seized property, if any, in accordance with law after expiry of the statutory appeal period.
The prosecution was represented by Anshuman Dubey, while Anjali Gulati appeared as counsel for the accused.
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