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| Court denies bail to rape accused | | | early times report
Jammu, Feb 23 (JNF) : Judicial Magistrate Reasi Archana Charak Saturday rejected the bail application of two accused who were arrested by the police for allegedly raping a minor girl.
Police said on February 7 complainant along with his daughter prosecutrix lodged a written report at police station Reasi that on February 6 the complainant Raj Mohammad and Mohammad Hussain came to Reasi for some work. Complainant's wife had gone to jungle to bring the wood while his daughter aged 15 years and other daughter aged 8 were alone in the house. At about 11 am, the accused forcibly entered into the house of complainant and caught his daughter and dragged her in the room and raped her. A case was registered u/s 376 (g)/450/34 RPC.
The court after hearing senior PO Anil Dev Singh Jamwal and Advocate Shalinder Bhardwaj appearing for the applicants observed that according to the record submitted by the prosecution the prosecutrix is minor at the time of commission of offence therefore even if it is assumed at this stage that prosecutrix had consensual sexual intercourse with both the accused, keeping in view the age of the prosecutrix which was about 15 years at the time of commission of offence, the applicant cannot take advantage of such act.
"The consent of the women under 16 years of age for sexual intercourse is irrelevant as per as commission of offence of rape is concerned. As both the accused are involved in such a heinous and shameful offence which is against weaker section of the society and the gravity of offence allegedly committed by both the accused are of such extent which has spread insecurity at our own houses. Though the bail cannot be refused as the matter of punishment but the facts and circumstances of present case tilts balance in favour of state agencies. Therefore both the accused cannot be said to deserve any concession at the hands of the court," the court observed. |
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