STATE TIMES NEWS
JAMMU: Principal Sessions Judge, Poonch Jaffer Hussain Beigh on Friday acquitted one Zahoor Ahmed, son of Mohd Sharief, a resident of Behra, Tehsil Mendhar, District Poonch who was facing trial in rape case, as the report was filed against another person against whom Challan was not produced and passed strictures against IO and ordered reinvestigation and disciplinary action against the Investigating officer.
While ordering acquittal, the Principal Sessions Judge Poonch Jaffer Hussain Beigh observed that it may be stated here that the Public Prosecutor made a scathing criticism of the conduct of Sub Inspector Nazir Ahmed No.7302/NGO Investigating Officer of this case.
At the same moment the prosecutrix moved a application that the FIR No.131/2011 of Police Station Mendhar has not been investigated properly and her statement got recorded under section 164-A CrPC was only under threat to her life and under the compulsion of the concerned Investigation Officer.
The Public Prosecutor submitted that when the application of the prosecutrix was against Imran, son of Mohd Yaseen, resident of Chajjla Tehsil Mendhar and FIR was registered on this application against Imran, it was to be investigated whether the report lodged by the prosecutrix is correct or not but the Investigating Officer himself has given his own twist to the investigation and has left the actual culprit but has connected the present accused without any complaint.
Principal Sessions Judge Poonch Jaffer Hussain Beigh observed that the testimony of the prosecutrix which establishes the guilt of the accused. It is, therefore, imperative that justice be done, as it is the reliance on her testimony and complaint that the actual culprit of can be brought to book.
The Court directed SSP Poonch to get the re-investigation conducted in the light of the report lodged by the prosecutrix by a police officer not below the rank of Deputy Superintendent of Police and disciplinary action against the Investigating officer namely Nazir Ahmed be also initiated. JNF
