Early Times Report
Jammu, May 25: Fast Track Court Presiding Officer Kishore Kumar today rejected bail application of Mohammad Iqbal Chagatta, son of Ghulam Qadir of Bhader in Mahore, Reasi, who, as SHO of Khour thana, had allegedly raped a woman inside the police station.
The woman had on May 10, 2016 filed a complaint before SDPO, Akhnoor, stating therein that she had on her own went to katra with Vicky Kumar on October 27, 2015 to solemnize marriage with him. On October 28, 2015, they went to Akhnoor court and solemnized marriage. Thereafter they again went to Katra, but in the evening, her husband received a phone call of her cousin, who told him that cops of Pallanwala police post, who had picked up his father, were calling both of them to the chowki.
On October 29, 2015, they went to the police post and came to know that her father had lodged a complaint against her husband. On the same day, police took them to Khour police station where police arrested her husband and a lady cop took her to her residential quarter. "In the night, the lady cop asked me to go to the SHO's room and obey his orders, but I did not agree. On the next day, they remained lodged in the police station. In the night, SPO Mamta Devi took me to the SHO's room. He switched off the lights of his room and committed rape upon me for about two hours and thereafter Mamta threatened her not to disclose the incident to anyone, otherwise they will send her husband to jail. Because of this threat, she did not disclose the incident to anyone. Thereafter, on October 31, police took both of them to Akhnoor court, where her statement was recorded by the magistrate, who told her that she is a major and if she is willing to live with her husband, she can go and accordingly, she and her husband went to their house," she alleged in her complaint.
Taking a cognizance of her complaint, police registered an FIR against the accused for offences under sections 376 (2)(a)(iii) and 109 of RPC. During the course of investigation, the accused SHO was arrested by police. The girl was also got medically examined from SDH, Akhnoor, and her statement under section 164-A of CrPC was also recorded. Mamta was also arrested.
After hearing the two sides, the presiding officer observed that the alleged offence committed by the accused was very heinous and, being a responsible officer of a police station who was known as the custodian and protector of law by the society, he had committed such a shocking act and if he was released on bail at this stage, the confidence of a common man would be shattered.
"I would like to say that the right to life and personal liberty of an individual is not more than that of the dignity of a woman and it does not grant a permit to the accused to commit such criminal acts and from the perusal of the record, it is revealed that accused is arrested for the commission of offence under section 376(2)(a)(iii) and 109 of RPC. The petitioner is arrested for the offences which carry punishment till life and as such does not deserve bail at this stage. The arguments of the petitioner's counsel has no force in view of the gravity of the offence and also the prevailing lawlessness and the increasing crime of rape and molestation. The accused resorted to such activities which demean the psychological development of a woman. The crime of rape is not only a crime against a woman, but it is a crime against the whole society. And the act of rape is a continuous act which always pricks and injures the very soul and conscious of the person concerned," he observed. With these observations, the court rejected the police officer's bail application. (JNF) |
