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| HC rejects bail of 50-year-old man accused of raping minor girl | | | Early Times Report
Srinagar, Aug 2: The state high court on Friday rejected bail application of a 50-year-old person who has been charged by the police of having raped a sixteen year old girl in 2017.
The police had registered a case after receiving a complaint on 27.07.2017 by one person, stating that the accused had committed rape on his sister. He stated that the age of his sister is 16/17 years and the age of the accused is above 50 years. During investigation statement of witnesses were recorded and other formalities were also done. The investigation was culminated under Section 376 RPC and charge sheet was produced before the court.
A bench of Justice Rashid Ali Dar said that on a summary examination of the statement of the alleged prosecutrix and other material on record, it would be wholly inapt to deduce the allegations being untrue as suggested by the counsel for the accused.
"The case is at preliminary stage and it would be improper for this Court to examine the factual matrix or veracity of the prosecution case," the court said, adding, "The judgements relied on by the learned counsel for the petitioner are out of context. It would be only after the conclusion of the trial that the opinion about guilt or otherwise of the accused can be framed."
Appreciation of evidence is the exclusive domain of the trial Court and that too is to be done at appropriate stage, the court said further.
"I do not find any ground is made out for interference at this stage for dislodging the opinion, prima facie, held by the learned Sessions Judge in rejecting the bail petition. Accordingly, no ground is made out for enlarging the accused to bail," the court said and rejected plea by the accused Bashir Ahmad Wagay. |
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