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| Court rejected bail application of accused allegedly involved in kidnapping and committing rape on minor girl | | |
Kathua, September, 12:- Judicial Magistrate Kathua Mr. Sunil Sangra rejected bail application of accused Ashwani Kumar allegedly involved in kidnapping and committing rape on minor girl.
According to the police case on a verbal report lodged by the father of the prosecutrix that on August 10, 2006, his minor daughter went to market for purchasing but she did not return back. Thereafter complainant started searching but he could not succeed. The Kathua police registered a case u/s 366 RPC and started investigation in the case. During investigation it found that accused Ashwani Kumar kidnapped the girl and kept her wrongful confinement, it was alleged that he committed repeatedly rape upon her. On this fact IO obtained school certificate of prosecutrix regarding her date of birth and the offence changed u/s 363 and 376 RPC.
Mr. Sunil Sangra Munsiff Magistrate Kathua after hearing Prosecuting Officer Anil Dev Singh appearing for the State and Advocate Kiriti Bhushan appearing for the accused and also gone through the case dairy and also considered that the accused was in the custody from August 17, 2006. The PO submitted that accused cannot admitted to bail as the investigation is still in progress and medical report of prosecutrix is yet to be received from FSL. Court further said that so far as the suspicious about the involvement of the accused in the crime, the investigation is still in progress as such IO should be given sufficient time to complete investigation as offence involved are grave and heinous in nature, which has shaken the conscience of public at large. Court is of the well considered view that giving bail to the accused would adversely effect the investigation and it may become impossible for investigating agency to uphold genesis of the commission of alleged offence without putting the accused to custodial interrogation permissible under law. With these observations Court rejected the bail application of the accused. |
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