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| Bail denied to alleged rapist | | | Jammu, Dec 5 (JNF): Principal Sessions Judge Kathua Vinod Chatterji Koul rejected the bail application of Devinder Kumar who was allegedly involved in rape with married woman.
Principal Sessions Judge Kathua Vinod Chatterji Koul after hearing both the sides observed that any statement of sexual assault is an extremely humiliating experience for a woman.
While granting bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof and apprehension of the witnesses being tampered with the larger interests of the public/State and other similar considerations.
The court observed that before granting bail, Court has to satisfy as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge.
It is not expected at this stage, to have the evidence establishing the guilt of the accused beyond reasonable doubt and with these observations Court rejected the bail application of the accused.
According to the police case that on 08/10/2014, prosecutrix lodged a written report to the police stating therein that on 07/10/2014 in the evening, she was sleeping in her room along with her minor daughter, her husband had gone on his night duty in the factory, and at about 2.00 AM, petitioner Devinder Kumar alias Billi of Chak Darab Khan Kathua entered in her room and committed rape upon her. On this report, police registered the case under FIR No. 351/2014 for offences punishable U/Ss 452/376 RPC. |
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