Early Times Report
JAMMU, Jan 6: Principal Sessions Judge Kishtwar Y P Kotwal has rejected the bail application of one Abdul Rashid who was facing trial in rape case.
The prosecution case against the accused is that on 17-1-2020, while the prosecutrix had gone to fetch water from a spring which is situated at a distance of one kilometer from her house, in the meanwhile accused Ishaq and Rashid came there, covered the mouth of the prosecutrix with their hand, dragged her, took her to the road, made her to board a vehicle, and kidnapped her. Rashid accompanied Ishaq and the prosecutrix upto Doda, and came back home from Doda, however, Ishaq forcibly took the prosecutrix to Amritsar (Punjab) to marry her, where he raped her for about one year, as a result of which a female baby was born to the prosecutrix, who is now of 7/8 months.
Ishaq had tried to sell the prosecutrix to a person namely Kuldeep, however, he could not pay the entire amount, as such, the accused refused to sell her and kept the prosecutrix with him. Offences under sections 376/366/498/346 IPC have been established against Ishaq, whereas offence under Section 109 IPC has been established against Rashid, applicant herein.
Principal Sessions Judge Kishtwar while rejecting the bail application observed that accused cannot be released on bail in case there are reasonable grounds to believe that he has been guilty of an offence of kidnapping and rape. The gravity of the offence involved in a case has the power to induce a person accused of offence to avoid the trial and to crown it all. In the present case, as referred above, the accused has committed a heinous offence and the charge has not yet been framed against the accused including the applicant herein, as such the witnesses cited by the prosecution in the challan are yet to be examined in the case, and who knows in what direction the prosecution case will land after their statements are recorded. |
