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| Court rejects bail in minor rape case | | | Early Times Report
JAMMU, July 14: Presiding Officer Fast Track Court Amarjeet Singh Langeh rejected the bail application of one Sohan Lal who was facing trial in rape with minor.
The Petitioner is facing trial in FIR No.139/2015 for offence under section 376 of RPC. Charge against petitioner for aforesaid offence was framed on 07.09.2015. Petitioner is charged with the allegation that on 02.05.2015 when minor victim aged 6/7 years went to a grocery shop to purchase onions and when she was on the way back to her home, petitioner allegedly took her in his lap and carried her to the nearby wheat field and committed rape upon her.
Presiding Officer Fast Track Court Amarjeet Singh Langeh after hearing both the sides observed that wading through the evidence led by prosecution, in particular evidence, of victim-child and account of occurrence put forth by other material witnesses- would drive one to note that prosecution case is not that weak and feeble which in all probability would end up in absolving petitioner from charge he is facing trial in. The primary contention advanced by Ld. Counsel for petitioner to articulate his case for allowance of this application is that right to speedy trial is a fundamental right of petitioner and because petitioner is in incarceration for a very long period of time, he therefore-according to Ld. Counsel -needs to be bailed out on this premise alone. In the process however, ld. counsel for petitioner misses woods for trees, in that, not only the trial of the case in hand is at fag end but case is posted for final arguments. Essentially also, the nature of allegations and character of evidence led by prosecution and the severity of punishment that offence under section 376 of RPC carries-can also not to be ignored, impermissibility of exhaustive exploration of pattern emerging from prosecution evidence notwithstanding. Above apart, the medical record annexed with bail application qua brother of petitioner would-show that he suffered nasal bleeding for one day. Beyond this no record of immediate medical urgency has been placed on record. For the foregoing reasons, I am of the considered opinion that no case for grant of bail is made out by petitioner. Instant application is accordingly dismissed.
—JNF |
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