J-K HC orders fresh trial in rape case

The Jammu and Kashmir High Court has set aside the acquittal of a rape accused and ordered a retrial of the case by the Principal District and Sessions Judge on the ground that the trial court appeared to have dealt with the matter in a casual, slipshod and routine manner.
"The matter is remanded to trial court for a fresh trial," Justice Hasnain Masoodi said in his order yesterday.
The trial judge shall summon Parvaiz Hussain Kachroo (then CJM, Ganderbal), as a witness and record his statement in accordance with law, the HC said.
The trial court had acquitted the accused on the ground that the victim had not testified before it as she died before doing so.

The family of the rape victim challenged the acquittal in the high court on the plea that she had recorded her statement before the Chief Judicial Magistrate, Ganderbal under section 164-A CrPC.
The trial judge has conveniently avoided looking into all aspects and found an escape route by ignoring the victim's statement, Justice Masoodi said.

The trial court had said that as the victim died before her statement was recorded and the prosecution's case rested on the statement of the victim, the charge against the respondent was not proved and he deserved to be acquitted.
The trial judge, unmindful of the gravity of the charge against the accused, appeared to have dealt with the matter in a casual, slipshod and routine manner, the HC observed.

It also said that had the victim survived and appeared in the witness box, not much was to be discussed about the value of her statement as it would always be used under the Evidence Act, to corroborate her statement.
The court also cancelled the bail bonds of the accused and directed him to surrender before the trial court on or before the matter is directed to come up before trial court.
According to the victim's mother, she lodged a report with
Police Station, Ganderbal on September 11, 2012, alleging that the accused visited her house in her absence in April 2012 and committed rape on her minor daughter, leaving her pregnant.

She alleged that the victim was confined to her home because of a broken limb and the accused, on the promise of getting relief sanctioned in her favour, gained access to her and was able to carry out the crime.
She said the victim did not disclose the occurrence of the crime to her or anyone else in the family, till they came to know about it after the victim complained of an ailment and was taken to a local hospital for a medical check-up.
Subsequently, the police registered a rape case and during the course of investigation, the victim's statement was recorded under Section 164-A CrPC before Chief Judicial Magistrate, Ganderbal.

The police concluded the investigation as proved and accordingly filed the charge sheet which culminated in the trial before the sessions court, which later acquitted the accused, according to the HC order.