STATE TIMES NEWS
JAMMU: In a major development in much publicized Akhnoor Sex Scandal, on Saturday Presiding Officer Kishore Kumar of Fast Track Court acquitted all the six accused allegedly involved in Akhnoor Sex Scandal case as prosecutrix turned hostile.
After hearing Advocates Abhinav Sharma, Himanshu Beotra, Sahil Aggarwal and P.S 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 investigating officer 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 intends 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 under Section 479-B CrPC. “Office is directed to issue notice to the prosecutrix in terms of Section 479-B CrPC directing her to show cause as to why proceedings under aforesaid section be not initiated against her”, the court observed and issued order directing that a copy of the 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 aforesaid directions, Court observed 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 CrPC. 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 alias Pappa son of Balak Ram, resident of Ward No. 10, Akhnoor, Tehsil Akhnoor, Amit Gupta, son of Chaman Lal, resident of Ward No. 2, Akhnoor, Tehsil Akhnoor, Anil Magotra, son of Harminder Lal, resident of Barui at present Manda, Tehsil Akhnoor, Hardeep Tagotra alias Sahil alias Rehan, son of Krishan Lal, resident of Gandarwan, Tehsil Akhnoor, Harminder Singh alias Mintu, son of Babu Singh, resident of Jadh, Tehsil Jourian and Rahul Gupta, son of Inder Parkash, resident of Ward No. 6 Jia Pota Mohalla, Tehsil Akhnoor.
