Srinagar, Dec 30: 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.(Also Read: Woman raped on Infosys campus, two arrested) Also Read - Son of Srinagar's Krishna Dhaba Dies After Being Shot at by Militants
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. Also Read - Haryana Shocker: 17-Year-Old Girl Drugged, Gangraped By 5 Men; 3 Accused Arrested so Far
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. Also Read - Hyderabad Student Who Faked Rape, Abduction 2 Weeks Ago Dies by Suicide
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.Justice Masoodi also directed the trial court to conclude the case before March 15.