Budgam: A Court in Budgam acquitted a man for alleged rape of a minor girl in Nowgam area here in 2021.
Court of Principal Sessions Judge Budgam, Khalil Ahmad Choudhary, acquitted the accused Adil Husssain Ganai of Shalina Budgam, noting that prosecution has miserably failed to establish foundational facts that may give rise to presumption of guilt of the accused who was accused of the commission of offences under sections 342, 376 AB of IPC and 07 POCSO Act.
“The foundational facts are required to be established by the prosecution by leading evidence beyond any reasonable doubts. ……..in the instant case the accused has led sufficient evidence in defence which renders the prosecution version highly doubtful and improbable,” the Court said.
“Here it is pertinent to note that it is not 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,” the court said, adding, “a clear room for doubt is left out in the prosecution evidence”.
Pointing out that it is a beaten law that strong suspicion, co-incidence and grave doubt cannot take the place of the legal proof, the court said: “Suspicion however, grave is not proof in absence of 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 directed the superintendent Central Jail, Srinagar to release the accused forthwith provided he was not involved in any other case.
The accused was represented by Advocate Ahra Syed, who vehemently argued against the accusations and charges against the accused.
According to police on July 12, 2021 a man approached Nowgam police station with a complaint that his 9-year-old daughter was sexually assaulted by the accused Ganai.
On the basis of complaint, a case (FIR No. 71) under section 342, 376 AB IPC, 07 POSCO ACT was registered at the police station. An investigation followed and charge sheet against the accused was filed in the court.