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Rapist denied bail
9/17/2008 11:21:41 PM
Early Times Report
Jammu | Sept 17
Special Municipal Magistrate Jammu Mr. MS Parihar today rejected the bail application of one Gourav Sharma, involved in allegedly committing rape upon a 10 year old girl.
According to the police case father of the prosecutrix lodged a complaint with the P/s Gangyal Jammu that on August 16, 2008, her minor daughter told her mother that she has been raped on August 12, 2008 in the evening by Shammi (Gourav Sharma aged 17 years). On the basis of the report, a case was registered u/s 376 RPC and investigations taken up. The prosecutrix was got medically examined and the statements of witnesses u/s 164-A Cr PC were got recorded by the Judicial Magistrate Jammu. It has been mentioned in the police report that the age of the prosecutrix is about 8 years.
Special Municipal Magistrate, after hearing Adv Abhinav Sharma appearing for the accused and Sr. Prosecuting Officer appearing for the state and also going through the case and police report, observed that in the application it has been stated that the applicant is a minor but admittedly the accused is not minor as in the application, the age of accused is mentioned as 17 years. The question to be seen is whether in the given facts and circumstances of the case the accused is entitled to bail or not. The allegation against the accused is that he had committed the rape on a minor girl whose age is about 9 years. The punishment provided for committing the said offence is not less than 10 years and extending up to life imprisonment. The accused is allegedly involved in the commission of a heinous offence which is serious in nature as he has committed the rape of a minor girl. Keeping in view the facts and circumstances of the case, the application of bail is dismissed as accused is not entitled the relied of bail. JNF
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