Jammu/ Kishtwar, May 11; 2026:
A Principal Sessions Court in Kishtwar has acquitted an accused in a 2021 rape and kidnapping case registered at Police Station Chatroo, observing that the prosecution failed to establish the charges beyond reasonable doubt and pointing to several serious lapses in the investigation.
The case pertained to FIR No. 42/2021 registered under Sections 376, 366, 498 and 343 IPC against accused Tufail Ahmed alias Irshad Ahmed, a resident of Tekra Bela Chicha in Nagseni area of Kishtwar district.
The judgment was delivered by Principal Sessions Judge Kishtwar Sudhir Kumar Khajuria on April 23, 2026.
According to the prosecution, represented by Mr. Anshuman Dubey, PP for the State/UT, the complainant had approached Police Station Chatroo on July 6, 2021 alleging that his wife had gone missing from their residence on June 24, 2021 when he was away for labour work. During the investigation, police alleged that the woman had been kidnapped and sexually assaulted by the accused.
The accused was represented by Ms. Anjali Gulati, Advocate.
However, after examining the evidence and testimonies during trial, the court found multiple inconsistencies and shortcomings in the prosecution case.
In its detailed judgment, the court observed that several important witnesses were neither properly examined during investigation nor produced before the court. The court also noted that the alleged place of occurrence was neither specifically identified nor properly investigated by the Investigating Officer.
The court further pointed out that police officials from Batote Police Station, who allegedly came in contact with the victim after her recovery, were not adequately examined and no proper documentation regarding their role was placed on record.
The judgment also highlighted contradictions between the victim’s statement recorded before the Magistrate under Section 164 CrPC and her testimony before the court. The medical evidence and FSL report also reportedly failed to conclusively support the prosecution’s allegations.
The court remarked that the alleged vehicle used in the kidnapping was neither traced nor properly identified during the investigation, while several material aspects of the case remained unexplained.
Observing that criminal conviction cannot be based on “half-cooked and doubtful” evidence, the court held that the benefit of doubt must go in favour of the accused.
“Trials in criminal courts are meant for legal convictions and not moral convictions,” the court observed while acquitting the accused of all charges.
Following the acquittal, the court discharged the bail bonds of the accused and ordered release of seized property/documents as per rules after the appeal period.
