Chandigarh, October 21
Swati Sehgal, Judge, Fast-Track Special Court, acquitted a man in a three-year-old rape case as the complainant turned hostile.
The court found the accused, Mohd Salman, aka Lucky Khan (33), a resident of Muradabad district in UP, not guilty as the prosecution failed to prove charges against him.
Refuting the police theory, the complainant told the court during her examination that she had given a loan of Rs 10,000 to one Sham Singh and he was not returning the money. She had gone to the police station to lodge a complaint against him. At that time, the police had obtained her signatures on blank papers.
The complainant stated that she never met Mohd Salman nor she ever moved any complaint against him. She said the accused had not committed any wrongful act with her. She was not medically examined in any hospital nor her statement was ever recorded by any magistrate.
As per the prosecution, the police had registered a case against the accused on October 29, 2019, on a complaint of the woman, who alleged that that the accused had made physical relations with her on the pretext of marriage. She had also alleged that the accused had fraudulently obtained Rs 1,00,000 from her for his business and promised to repay it. She had alleged that the accused had refused to marry her and also refused to return her money, the police claimed. The accused had also hit her. The police arrested the accused after registering the FIR and later presented a challan in the court.
The court framed charges for the offences under Sections 376 (2) (n) of the IPC to which the accused pleaded not guilty. Mandeep Singh, the counsel for the accused, argued that his client was falsely implicated in the case.
After hearing of the arguments, the court acquitted the accused by saying that the prosecution miserably failed to bring home the essential ingredient of any of the offences punishable under Sections 376 (2) (n) of the IPC, beyond any shadow of reasonable doubt.
