Presiding Officer Fast Track Court, Jammu Amarjeet Singh Langeh today acquitted accused Ajay Kumar, who was facing trial for the rape charge, and held that broken relationship cannot be avenged by invoking criminal jurisdiction.
The accused was facing charge that he made false promise of marriage with prosecutrix, got engaged with her and in the guise of marriage also established physical relation with her and thereafter breached promise of marriage. A case against him was registered at Bishnah Police Station under Sections 376, 420 and 318 RPC.
On completion of investigation, challan was presented before the Magistrate concerned where after it was committed to Sessions Court and finally trial began in Fast Track Court, Jammu. The charge of mis- carriage/abortion was dropped at the initial stage and accused was put to trial for rape on account of false promise of marriage.
While dis-believing the narrative of prosecutrix, court said, “an adult prosecutrix (28 years on the day of occurrence),who has done Professional Fashion Designing Course is not expected to be naive and gullible to accompany an accused so as to be sexually assaulted despite her alleged engagement with accused having been broken”, adding “instant case thus is yet another illustration of worrying trend of consensual relationship when it turns sour, it is criminalized by invoking criminal jurisdiction”.
Noting that complainant never alleged sexual assault in her complaint before Women Cell and changed her narrative during pendency of complaint with Women Cell for more than one month, court further said, “the only towering impression that this case gives so palpably is that prosecutrix only wanted to avenge her failed relationship with accused and hence this case”.
With these observations, court dismissed the challan and acquitted the accused. Daily Excelsior
