Srinagar:A trial court at Srinagar acquitted a person from rape and kidnapping charges under POSCO after the victim deposed before court that she and the accused were in romantic relationship and wanted to marry.
Justice Aarti Mohan while acquitting Mohammad Yousuf Sheikh of Kupwara recorded that the victim in her statement has stated that she and the accused were fond of each other and wanted to get married and therefore they decided to run away.
“She has admitted that she went with the accused to Lolab valley on her own and was not enticed by the accused at all,” Justice Aarti observed.
Court said the prosecution has failed to lead evidence in the matter where it could be said that the accused forced the victim to be with him or sexually assaulted her or confined her in his home.
“Neither the victim and nor the other witnesses have stated anything which would give an impression to this court that the accused had confined the victim in his house in a manner that she was unable to leave his house,” court said.
Thus court said it is evident that the prosecution has not been able to establish that the victim was kidnapped but it has also failed to prove before this court that the victim was wrongfully confined by the accused in his house at Lolab, Kupwara.
Justice Aarti while coming to the offence under section 506 IPC (Criminal intimidation ) there is no assertion in the statement of either the victim or any other witness that the accused ever threatened the victim to run away with him.
“In fact, as already mentioned above the victim ran away with the accused on her own without there being any threat or enticement on the part of the accused,” court noted.
Justice Aarti said it is evident that the prosecution has failed to establish any case against the accused person and the accused is therefore acquitted of all the charges framed against him.
“The sureties of the accused also stand discharged. File is disposed off and be consigned to records after compilation,” Court said and directed.
Earlier, police station Sangam in 2022 had registered an FIR no 45/2022 wherein it was alleged by the complainant father of the victim that her daughter has been kidnapped by the accused and has committed rape upon her.