Says Prosecutrix’s Statement Can Never Be Taken As ‘Gospel Truth’
SNS KASHMIR
Jammu, Aug 29 :
A fast-track court here on Monday acquitted a man, accused of kidnapping and raping a minor girl in Jammu in 2016.
“The evidence of prosecutrix must be examined as that of an injured witness whose presence at the spot is probable but it can never be presumed that her statement should, without exception, be taken as gospel truth,” said Khalil Choudhary, Presiding Officer, Fast Track Court Jammu, while acquitting accused, Karnail Singh who according to the prosecution had enticed the girl by using Imran on 13th July 2016.
“Additionally her statement can, at best, be adjudged on the principle that ordinarily no injured witness would tell a lie or implicate a person falsely,” the court said, adding,” “It cannot be lost sight of that rape causes the greatest distrust and humiliation to the victim but at the same time a false allegation of rape can cause equal distrust, humiliation and damage to the accused as well.”
The accused, the court said, must also be protected against the possibility of false implication, particularly where a large number of accused are involved.
The court said that the testimony of victim of offence is not just to be taken on its face value but has to be considered on the broader probabilities of inspiring confidence and truthfulness.
“Therefore, on cumulative consideration of the matter in its totality having regard to the statements of witnesses would suggest that there is no concrete evidence on record connecting the accused with the commission of offence,” the court as per judgment, a copy of which lies with GNS.
The evidence of witnesses, the court said, is not corroborative, leaving doubt in the prosecution case.
“I am unhesitant to record that prosecution evidence cannot be said to definite, positive consistent and coherent so far as the case against the accused is concerned,” the court said, adding, “A clear room for doubt is left out in the prosecution evidence.”
The court said that it is not part of the duty of the accused to show as to why a false allegation has been leveled against him and why particular witnesses have deposed against him but it is bounded duty of the prosecution to establish its case against the accused beyond any reasonable doubt.
“Further it is beaten law that strong suspicion, co-incidence and grave doubt cannot take place of the legal proof,” the court said.
“Suspicion however, grave is not proof in absence of the reliable evidence and it is always unwise to act on mere suspicion. Thus prosecution case fails and accused is accordingly acquitted of the charges leveled against him,” the court said, adding, “Accused Karnail Singh son of Chet Ram resident of Bagan Kot, Tehsil Chassana, District Reasi, A/P Bagh-e-Bahu, Jammu who is in custody is ordered to be released forthwith.” (GNS)