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| Bail of accused involved in minor’s rape rejected | | |
REASI, JUNE 09-
Sub-Judge Reasi Mr. Sanjay Parihar today rejected the bail application filed by one Nishad s/o Mohd Amin r/o Village Gari Tehsil and District Reasi who was caught by the people of the locality on the alarm raised by the victim.
According to police story on May 27, 2007 father of the prosecutrix lodged written complaint that on the date of occurrence he was on duty with the Shrine Board, whereas his daughter who is studying in 9th class was alone at home at Reasi, the accused Nishad Ahmed noticing that prosecutrix alone at her home entered in the home and locked the room inside and caught hold the prosecutrix and forcible committed rape with her. Though she raised alarm but accused gagged her mouth and succeeded in committing rape upon her. When he came back, he found his daughter in bad condition and in the meanwhile on noticing the alarm raised by his daughter some persons of the locality succeeded in apprehending the accused.
Mr. Sanjay Parihar after hearing Sr. Prosecuting Officer Mr. Rajesh Bakshi appearing for the state and Adv MS Mir appearing for the accused observed that the allegations leveled against the accused as reflected in the police report are per-se grave and offence committed by the accused is of such a nature that not only harm the reputation of the victim but is considered to have long term effect on her future, and the victim is stated to be minor girl student of 9th class. Though a person accused of criminal offence is presumed to be innocent until he is held guilty, however, there is always exception when the allegations are of nature which shatters the conscious of common man and the act so caused is to have long lasting affect on the life of person of the victim in those cases the concession of bail is not be leniently exercised. Hence considering the nature of the accusation and material collected during the course of investigation Court find that at this stage when the investigation is still going on and FSL report is still awaited, this is not case where the concession of bail can be exercised in favour of the petitioner/accused. With these observations Court rejected the bail application filed by the accused
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