Early Times Report
Jammu, Oct 29: Principal Sessions Judge Bahderwah Balal Joyti rejected the bail application of four accused namely Mohd Yousfa, Chandia, Noor Hussain and Mohd Younus who were facing trial in a Gang Rape case.
According to the prosecution case on the intervening night of 13/14 November 2013 the accused persons namely Mohd. Yusuf, Chandia, Noor Hussain, Mohd. Yunus broke the bolt of house of prosecutrix who is a widow housewife, when she was sleeping with her children.
These applicants are alleged to have pulled her out of her house forcibly and sexually abused her, despite her intense, resistance, one after the other.
The accused persons have also allegedly shut her eyes with a cloth (bandage) and also tied her hands and took her forcibly towards forest for fulfillment of their lust. After completion of investigation a charge sheet came to be presented against the accused persons.
Principal Sessions Judge Bahderwah Balal Joyti after hearing both the sides observed that A widow is a destitute woman and needs better protection from the society and an allegation of rape invites not only ridicule, but also ostracism of the victim.
Therefore, repeatedly, the Supreme Court has held that in a conservative society like ours, it is highly unlikely that a women would allege that she was ravished without any foundation.
In the present case, the prosecutrix happens to be forty years old married women.
Thus, it is highly unlikely that she would allege the offences of rape, that too of gang rape, merely to falsely implicate the petitioners.
Therefore, the contention raised by the learned counsel is unacceptable.' With these observations Court rejected the bail applications. (JNF) |
