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Court rejects bail plea of kidnapping accused
4/24/2007 11:36:11 PM


Jammu, April 24
Judicial Magistrate 1st Class (Munsiff) RS Pura Balbir Lal Jaswal today rejected bail application of a youth for allegedly kidnapping a fifteen year old girl from her home in Miran Sahib area.

Though the police have registered a case of rape and kidnapping against accused Abdul Gaffar Khan son of Sain Ahmed resident of Nanpur, Gujranpur, Tehsil RS Pura, the alleged victim appeared in the court and filed her affidavit claiming that the accused was having brotherly relationship with her.

Owing to the age of the girl the court, however, refused to comment on the plea and observed that the offence being triable by the court of sessions, it was beyond the jurisdiction to entertain such plea.

The court, however, observed that such evidence can be recorded by Investigation Officer under Section 161 of CrPC during the course of investigation.

After hearing Pawan Khajuria Senior Prosecuting Officer and counsel appearing for the accused, the court turned down the plea of the accused that the investigation into the case has been completed and he was thus entitled for bail. “The medical examination report is awaited and other investigation has not been completed”, the court observed adding, “The offence is serious in nature and is largely against public and society”.

In view of the seriousness of the offence and its affect on the society and stage of investigation the court rejected the bail application of the accused.

As per the prosecution story the accused kidnapped fifteen year old girl (name withheld) from her house on March 26 at around 2 AM and took her to some unknown destination. An FIR was registered in Police station Miran Sahib, which later arrested the accused and recovered the kidnapped girl from his custody.

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