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| HC rejects bail plea in rape case | | | Early Times Report
JAMMU, Dec 3: Justice Rajnesh Oswal of J&K High Court rejected the bail application of one Adish Sharma who is facing trial in rape case.
The police case said that on 9-9-2017, the prosecutrix along with her mother lodged a written report with the Police Station, Domana to the effect that they were staying as tenants at Udhaywala, Jammu and on 13-8-2017 when she was coming from school the petitioner came to her on his motor cycle and asked her to sit with him forcibly and took her to his Grand View palace and forcibly committed rape with her over there.
After committing rape, the petitioner threatened her not to disclose the incident to anyone otherwise he would kill her and members of her family. Pursuant to this, FIR was registered.
Justice Oswal observed that allegations against the petitioner are serious in nature and this court, while considering the bail application, cannot examine the merits of the evidence, particularly, in view of the fact that it is not a case in which the prosecutrix has turned hostile.
Whether her statement is sufficient to prove the guilt of the petitioner or not, is required to be seen by the trial court while appreciating the evidence. The allegations against the petitioner are serious in nature. Out of total 11witnesses, only three witnesses have been examined by the prosecution and even the brothers of the prosecutrix are yet to be examined. The petitioner is in custody for four years and the prosecution has examined only three witnesses, this court deems it proper to fix a time schedule for conclusion of the prosecution evidence instead of granting the bail to the petitioner as the allegations are serious in nature and the brothers of the prosecutrix are yet to be examined. With these observations, High Court rejected the bail application. |
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