news details |
|
|
| CJM rejected the bail of alleged kidnapper and rapist | | |
Early Times Report
Jammu, JUNE 10: Chief Judicial Magistrate Jammu Mr. YP Bourney rejected the bail application of one Satish Kumar who was allegedly involved in kidnapping of a minor girl and raped her.
According to the prosecution case on May 5, 2009 the father of the prosecutrix reported police station Gandhi Nagar police station Jammu a student of 11th class went to appear in the examination in the morning as per routine and was drooped at the gate of the school by his bother but she did not returned till 2:00 PM so he enquired from his brother and later from the teacher of the school. He was informed that his daughter had not sit in the examination thereafter he started searching from his relatives. He came to know during the search that his daughter was kidnapped by the applicant. On this information FIR u/s 363 RPC was registered and investigation was started. During the investigation it was disclosed that applicant with the assistance of one Amandeep Singh had taken his daughter to Amritsar and thereafter applicant took her to Orrisa. The investigating agency went Orissa in the residence of one Abdul Shah Jahan Khan and girl along with applicant was recovered from there and brought to Jammu on May 15, 2009 and prosecutrix was medically examined and applicant was taken into custody. The statement of girl was recorded u/s 164-A CrpC.
CJM Jammu Mr. YP Bourney after hearing CPO Pawan Khajuria with PO Kuldeep Kumar for the state and Adv Roop Lal for the applicant/accused and also consider the rival contention of both sides. According to the Adv Roop Lal appearing for the applicant submitted that applicant is in police custody since May 15, 2009 and nothing remains to be done at his instance that the report itself reveals that the girl was taken in public transport which clearly reflects that she was consenting party but has made to change her version afterwards. That though girl is stated to be minor but actually she is major and eloped with the applicant on her own. On other hand CPO resisted the application vehemently on the ground that prosecutrix is a minor who has been enticed away by the accused forcibly and then ravished repeatedly, so, applicant is involved in the commission heinous offence of kidnapping and rape of a minor girl and he does not deserves to be grant the liberty of bail. CJM Jammu after referring various judgments of High Courts and Supreme Court further observed that the circumstances and the manner in which the offences are alleged to be committed are sufficient to infer at this stage that given a chance the applicant could be tried to influence the witnesses directly or indirectly. Further the interest of the society and constant raising graph of the crimes against women warrants that the perpetrators of such crimes does not deserves to be liberty of bail particularly when the investigation is yet to conclude. With these observations Court dismissed the bail application filed by the accused.
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
