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| CJM Kargil rejects bail application of accused facing trial in rape case | | | Early Times Report
Kargil, Apr 29- Chief Judicial Magistrate, Kargil Rajesh Kumar Abrol, while rejecting the bail application of accused Mohammed Ishaq son of Mohammed Hussain of Thargam Sankoo Kargil facing trial in a rape case of a minor girl, held that the allegation against the accused are serious and barbaric and the bar created by law under Cr PC particularly section 497 (I) goes against the accused. The Court further observed that the stigma inflicted to the reputation of the prosecutrix can not be washed away throughout her life. The offence is inhuman in nature that too when the accused is allegedly a married person having children. The offence of rape directly injures the soul of the prosecutrix and her reputation, self esteem in front of public of the area and relatives moreover the marriage prospectus of victim is also diminished. The virginity of the female is of prime importance and when it is injured then the victim dies a premature death physically and morally, the Court observed. Of course, there is rule of bail and jail is an exception but at the same time certain factors are be kept in mind while granting the bail which included aggressiveness of the accused shown by him at the time of occurrence; reaction of the public, if the bail is granted; seriousness and heinousness of the offence committed; tampering of the witnesses and the complainant and hampering the investigation, besides the impact of the offence on the physical personality of the victim, the Court further pointed out..
According to prosecution case, the victim Fatima delivered a male child on March 5, 2009 who died after three days of his birth. After getting information through reliable sources inquest proceedings were initiated against the accused in Police Station Sankoo. During the inquest proceedings FIR No. 10/09 was registered u/s 376 RPC on the ground that the girl was minor and was raped by the accused about 9-10 months back and impregnated her as result, she gave birth to a deceased child. The statement of the prosecutrix was also recorded u/s 164/A Cr. PC on March 30, 2009 in which she deposed deadly against the accused. According to statement recorded the victim revealed that due to fear of death she did not disclose to any body about the rape committed by the accused. The prosecution pleaded that since the offence is of grave nature the accused be awarded life imprisonment.
Carefully examining the case diary including medical report and the statement of the prosecutrix and the allegations leveled against the accused who took advantage for loneliness of the minor girl who remains at home with her old grand father as her father remains outside the station and occasionally visits home once in a year, the Court rightly rejected the bail application of the accused.
Mohammed Amir, appearing for the accused, requested for concession of bail for the accused on the ground that the offence has been committed about a year back and FIR came into existence on March 23, 2009 after the minor girl in this case, namely Fatima delivered a child apparently on March 5, 2009. The counsel submitted that the accused was ready to obey any condition imposed by the Court while granting bail
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