BHARAT BHUSHAN
JAMMU, Oct 18: Taking note of an alleged rape accused's submission that principal sessions judge, Jammu, had rejected his bail application without taking into consideration the victim's statement, high court judge, Justice Mansoor Ahmad Mir today ordered his acquittal on bail, with the direction that he would not tamper with the prosecution witness in any manner. Ajeet Raj, 25, of Dokh Mohalla, Paloura, was arrested and booked by Kanhachak police under sections 376 and 366 of RPC for his alleged act of abducting a girl from Ghari Chowk, Domana, to Katra, on January 1 this year, and then outraging her modesty.
After recording statements of the girl and the boy, police presented challan in the court of principal sessions judge who on June 5 dismissed the bail application of the accused.Not satisfied with the court order, the accused filed a revision petition in the high court, with the submission that though the judge had shown the prosecutrix a minor in his order, she had admitted in the police challan that her age was around 20.He also stated that the victim's statement before the investigating agency was enough to prove that she was a wilful partner to the alleged act and no force had been applied on her.In his judgement, Justice Mir said the accused had averred in the revision petition that he was innocent and had not committed any offence. "It is contended that the sessions judge has rejected his bail application without taking into consideration the statement made by the prosecutrix. It is also contended that her age is more than 20 years," he observed.The high court, which, vide its October 11 order, considered the revision petition as a petition under section 498 of CrPC, directed additional advocate general (AAG) Gagan Basotra to file objections by, or before the next date of hearing."Basotra has failed to file the objections and has frankly conceded that it is a fact that the trial court, while rejecting the bail of the accused, has not considered the statement of the prosecutrix," Justice Mir said."I have gone through the statement of the prosecutrix and the trial court order, and am of the considered view that the petitioner has carved out a case for grant of bail in view of her statement read with the final chargesheet filed by the investigating agency under section 173 of CrPC," he added.After considering these "facts" of the case, including the one that police had not seized the clothes of the prosecutrix, the judge ordered to release the petitioner on bail, with the condition that he would not try to tamper with the prosecution witness, and would remain present before the court as and when required. He was also ordered not to leave the territorial jurisdiction of the state without the prior court permission.The accused was represented by advocate Anmol sharma
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