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| Bail plea of rape accused rejected | | | Early times report
Kathua, Dec 20: Chief Judicial Magistrate Kathua M. R. Chak today rejected the bail application of accused Chetan Kumar, who is lodged in the District Jail Kathua, for committing rape upon 37 year old lady.
CJM, after hearing CPO for the state and Adv LN Sangra appearing for the accused, observed that the CPO vehemently argued that the offence committed by the accused is against a rural rustic lady who was taken by surprise and could not save her honour despite resistance
The CPO has further submitted that the statement of two more eye-witnesses are yet to be recorded and medical opinion from FSL is awaited and pleaded for rejection of the bail application Adv LN Sangra appearing for the accused on the other hand submitted that it is not possible for a single man to commit sexual intercourse with a healthy adult female in full possession of her senses against her will. He laid emphasis on the fact that there has been no mark of violence on the person of the prosecutrix in case the accused had used the force for the commission of alleged crime. CJM, after heaving both the sides, observed that despite the fact that accused too is married, prosecutrix is the mother of 3 children, the elder one is only five year younger to the accused and that way she must be of the age of his mother. The offence of the rape is more grave and heinous than the murder as in the case of later, one gets killed once for all, but in the case of rape the rape victim gets killed each and every moment till her natural death. With these observations, the Court rejected the bail application of the accused.
According to the prosecution on November 1, 2008, prosecutrix along with her husband lodged a written report with the police that prosecutrix on October 31, 2008 while proceeding towards her abode from her place of posting, the accused intercepted her near Gadru, with criminal intention and caught hold of her and took her away from the main road and committed rape on her. The accused threatened the prosecutrix for dire consequences in case she narrated the incident to any person. |
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