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| Bail denied to three accused involved in rape case | | | early times report
Jammu, Jan 2 (JNF): Prin-cipal Sessions Judge Kath-ua MK Hanjura today reje-cted the bail application of Farid Ahmed, Insar Ahmed both sons of Abdul Reh-man and Faoorq Ahmed son of Mohd Sharief all resident of village Koti Chandihar, Tehsil Bani District Kathua who were arrested by the police in alleged rape case.
According to the police report that on July 27, 2012, prosecutrix had been to Koti Chandihar to grace cattle, she was all alone at the moment, the accused namely Farid raped her forcibly whereas the other accused assisting him in violating her sexually. A case u/s 376/506/109/34 RPC was registered.
While rejecting the bail application, Principal Sessions Judge Kathua MK Hanjura after hearing Adv AS Salathia appearing for the appellants whereas Public Prosecutor Ravi Gupta appeared for the state, observed that in the instant case the crime has been committed against a woman, the law is that in dealing with a sensitive matters of public importance, as in the instant case a duty is cast upon the Courts to exercise due diligence, care, caution and restraint and not to be moved by sentimental proverbial phrases. Therefore, keeping in view the seriousness of offence where a woman has been sexually assaulted and the peculiar circumstances under which the crime has been committed, the accused cannot be admitted to bail. The investigation of the case has also to be given a fair deal and with these observations Court rejected the bail applications of three accused.
Meanwhile in another case where the husband of the prosecutrix after receiving Rs 50,000 from the other accused had allowed him to rape his wife, Principal Sessions Judge Kathua MK Hanjura has rejected the bail application of Yash Paul s/o Rattan Chand husband of prosecutrix and Sanjay Kumar s/o Ram Lal.
According to the facts of the case, on May 17, 2011 the petitioner Yash Pal hatched a conspiracy with Sanjay Kumar the other applicant in furtherance of which he received an amount of Rs 50,000 from Sanjay Kumar for being price in exchange of which Yash Pal's wife will be allowed to have sexual intercourse with Sanjay Kumar. The petitioner Yash Pal husband of prosecutrix asked his wife to pay obeisance Dhirangan Nagh Temple, where petitioner Sanjay Kumar caught hold of her and took her to Balessa where he raped her for seven months as consequence of which she gave birth to a child. Police registered a case u/s 376/366/109 RPC and 4/5 Immoral Trafficking Prevention Act.
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