Judge says female of species more dangerous, lets off accused
~~Aneesha Mathur : New Delhi
Tue May 14 2013: Declaring that the "female of the species are more dangerous," a judge has acquitted a man of the charge of attempting to murder a woman known to his former friend.
Additional Sessions Judge Vimal Kumar Yadav also noted that "a woman scorned is capable of doing anything".
The observations came as the court noted that the case appeared to be false and filed after the relationship between the man, Jitender, and his friend, Kavita, ended.
The prosecution told the court that Jitender, a resident of East of Kailash, assaulted Kalpana (27) with a "danda (stick)" around 10 pm on April 12, 2012. The court was told that Jitender entered Kalpana's house, assaulted her and fled after locking her room from outside.
Later in the night, Kalpana's brother opened her room after he was alerted by the domestic help (who stayed in a room adjacent to Kalpana's).
The brother filed a complaint at the Amar Colony police station the next day.
The court found discrepancies in the statements given by the victim and two domestic help about the circumstances under which Kalpana was found.
ASJ Yadav held that the "credibility of witnesses — especially Kalpana and her friend Kavita — in the light of the past affiliations and other attending circumstances (needed) special attention".
This, the court said, "render the prosecution's case vulnerable to doubt and suspicion."
The court also found it "suspicious" that Kalpana was taken to a hospital the next day by Kavita and not her brother.
ASJ Yadav also took note of the fact that Kalpana was unable to identify the weapon of offence and that her brother, who reportedly found her bleeding from a head wound, did not take her to a doctor immediately.
Kalpana was taken to a hospital the next day, by her sister-in-law and Kavita.
"These facts reflect that the victim was either not severely injured or that she had sustained injury on her own," the court said.
The doctor who wrote the MLC report, in his cross-examination, had said: "Injuries mentioned in the MLC of the victim Kalpana could be self-inflicted also."
While the maid, in her statement, had said that she called Kalpana's brother, who was on the floor below, after she found her shouting for help. The brother said he did not hear anyone calling him, but found Kalpana unconscious when he came upstairs.
In her statement, Kalpana did not mention calling for help.
Jitender had argued that Kavita and Kalpana had falsely implicated him after he ended his relationship with the former. The women, however, denied any relationship with Jitender.
"The accused could not have any reason or motive to assault Kalpana. Had it been Kavita, then the motive could have been there. Unless, of course, if Kalpana played the spoilsport in the relationship between the accused and Kavita," the court said.
"The possibility of framing the accused cannot be ruled out," the court said.
Additional Sessions Judge Vimal Kumar Yadav also noted that "a woman scorned is capable of doing anything".
The observations came as the court noted that the case appeared to be false and filed after the relationship between the man, Jitender, and his friend, Kavita, ended.
The prosecution told the court that Jitender, a resident of East of Kailash, assaulted Kalpana (27) with a "danda (stick)" around 10 pm on April 12, 2012. The court was told that Jitender entered Kalpana's house, assaulted her and fled after locking her room from outside.
Later in the night, Kalpana's brother opened her room after he was alerted by the domestic help (who stayed in a room adjacent to Kalpana's).
The brother filed a complaint at the Amar Colony police station the next day.
The court found discrepancies in the statements given by the victim and two domestic help about the circumstances under which Kalpana was found.
ASJ Yadav held that the "credibility of witnesses — especially Kalpana and her friend Kavita — in the light of the past affiliations and other attending circumstances (needed) special attention".
This, the court said, "render the prosecution's case vulnerable to doubt and suspicion."
The court also found it "suspicious" that Kalpana was taken to a hospital the next day by Kavita and not her brother.
ASJ Yadav also took note of the fact that Kalpana was unable to identify the weapon of offence and that her brother, who reportedly found her bleeding from a head wound, did not take her to a doctor immediately.
Kalpana was taken to a hospital the next day, by her sister-in-law and Kavita.
"These facts reflect that the victim was either not severely injured or that she had sustained injury on her own," the court said.
The doctor who wrote the MLC report, in his cross-examination, had said: "Injuries mentioned in the MLC of the victim Kalpana could be self-inflicted also."
While the maid, in her statement, had said that she called Kalpana's brother, who was on the floor below, after she found her shouting for help. The brother said he did not hear anyone calling him, but found Kalpana unconscious when he came upstairs.
In her statement, Kalpana did not mention calling for help.
Jitender had argued that Kavita and Kalpana had falsely implicated him after he ended his relationship with the former. The women, however, denied any relationship with Jitender.
"The accused could not have any reason or motive to assault Kalpana. Had it been Kavita, then the motive could have been there. Unless, of course, if Kalpana played the spoilsport in the relationship between the accused and Kavita," the court said.
"The possibility of framing the accused cannot be ruled out," the court said.
Courtesy: The Indian Express
