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| Court rejects bail of accused involved in kidnapping, rape case | | |
Udhampur, Feb 8 (JNF): Principal Sessions Judge Udhampur AK Koul today rejected the bail application of one Naseer Ahmed s/o Abdul Kabir r/o Sudmahadev Tehsil Chenani District Udhampur who is facing trial in a case of kidnapping and rape.
The accused is said to have kidnapped the prosecutrix, wrong fully confined her and thereafter raped her in a hotel in Jammu with the connivance of his parents/co- accused. The occurrence, the commission of which is attributed to the accused and his co-accused dates back to November 15, 2011. After commission of the crime the accused absconded and the charge sheet against him was laid before the magistrate in his absence. Proceedings u/s 512 Cr.PC were initiated against him and the case was committed to this court. He surrendered before this court on September 17, 2012 pursuant to which he was committed to judicial lockup and stands charged.
Principal Sessions Judge Udhampur AK Koul after hearing Adv I L Thakur appearing for the accused whereas Public Prosecutor Navneet Gupta appearing for the state, observed that It has already been stated that petitioner in connivance with his parents is said to have kidnapped the prosecutrix, confined her wrongfully at Jammu and forced her to marry and when the prosecutrix refused to bilge him he raped her against her wish and not only that the petitioner absconded after commission of the crime and finally surrendered in court after about 10 months. The crime said to have been committed by petitioner and his parents is undoubtedly serious and the punishment to which he would be entitled to, if proved guilty, is also severe. The prosecutrix has already deposed. It would not be safe to comment on her statement but certainly it needs to be pointed out that the evidence on record against the accused is supportive of the charge and in no case can such an evidence be ignored while deciding whether concession of bail should be given to petitioner or not . A girl of around17 years age has been put to insult by the petitioner as well as his parents and after all why should the prosecutrix level a false charge against the accused when she is conscious of the fact that she may be ostracized by the society .We need to understand that rape is a charge which is so serious that even the statement of the prosecutrix if convincing, is sufficient enough to punish the culprit. This is not the stage to anticipate the result of the trial but Court believes that the case of the accused does not qualify for bail at least at this stage because as already pointed out the crime attributed to accused is serious which carries a severe punishment. With these observations Court rejected the bail application. |
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