A fast track court in Jammu has acquitted a police official on charges of rape, observing that the prosecution evidence cannot be said to be "definite, positive, consistent and coherent" so far as the case against the accused was concerned.
"A clear room for doubt is left out in the prosecution evidence," Fast Track Court, observed while acquitting accused, Ajay Kumar Sharma alias Sonu son of Thoru Ram of Kotli Morh, Bari Brahmana Samba.
Sharma was accused of rape by his first wife with whom he had solemnized marriage in 2006 and out of their wedlock one child has been also born.
The prosecution failed to prove the potency of accused
"Prosecution has also failed to prove the potency of the accused, which is fatal for the prosecution case," the court said as per judgment.
"The law requires proving the potency of the accused in the sexual assault case. It is in this background that the accused is medically examined in all such cases to prove the capability of the accused to commit the intercourse. There can be no presumption that a healthy person is always potent", the court further observed.
According to the prosecution, Sharma married another woman who happens to be within their own social community and kept it a secret from the prosecutrix.
On coming to know about the second marriage of the accused, conflicts developed between the prosecutrix and him.
On this, the prosecutrix lodged a complaint before Women Cell Jammu under Section 494 RPC against the accused Ajay Kumar, and after completion of the investigation; a challan was presented before the competent Court against the accused and is under adjudication.
Thereafter due to the differences and clashes, ill-will continued between both of them, the prosecution said. "During that period of differences, the accused entered into the rented accommodation of the prosecutrix on the pretext of meeting with the child. When he saw the prosecutrix all alone, he committed rape forcefully with her on 03-02-2018", the prosecution pointed out.
