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| Court rejects bail in gang rape case of minor | | | Early Times Report
JAMMU, Sept 13: Principal Sessions Judge Samba Sonia Gupta rejected the bail applications of Mohd Javed and Zahid Choudhary who was involved in 12 class student rape case.
Principal Sessions Judge Samba Sonia Gupta after hearing Adv Anwar Choudhary for the applicants whereas Public Prosecutor Jawaid Khawaja for the police observed that on 12.02.2020, complainant a written report at Police Station, Bari Brahmana, asserting therein that on 11.02.2020, his daughter/prosecutrix (name withheld), a student of class 12th in S.P. Smart School Sarore, boarded a school bus from Badhori. She along with other students was taken to Vijaypur by another bus by the School for practical examination, but the driver of said bus and his assistant left her at Vijaypur without any reason and without taking permission from the parents. She boarded a matador for Bari Brahmana, from where she was kidnapped by applicants/accused along with his other associates. In the morning at about 6:00 AM, the prosecutrix was thrown in the field near their house in an unconscious condition. On the strength of written complaint, a case vide FIR No. 29/2020 for the commission of offences punishable U/Ss 363/109 IPC was registered at Police Station, Bari Brahmana, and investigation commenced and after the statement of prosecutrix, the offence u/s 376-D IPC and 4 POCSO Act added.
Principal Sessions Judge Samba Sonia Gupta while rejecting the bail application observed that prosecution has examined only two witnesses in the case i.e. prosecutrix/victim and her father, out of 23 listed in the challan. It is not the case that involvement of the applicants/accused is not established in the case while going through the statements of the witnesses. The other material witnesses are yet to be examined. The aspect of tampering with material witnesses cannot be lost sight of. Further there is every apprehension that taking into account the severity of offence, the applicants/accused might flee away from the course of justice, thus thwarting the process of law. —JNF |
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