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Rape case
Court rejects bail plea of 65 yrs old man
9/28/2011 8:58:14 PM
EARLY TIMES REPORT
JAMMU, Sept 28: Second Additional Sessions Judge Jammu Subhash Gupta rejected bail application of a rape accused Janak Raj of Bishnah.
Accused has been facing trial in alleged rape of 13 year old girl. According to prosecution case, on the day of occurrence, parents of prosecutrix and one of their daughters had gone to village Devigarh while other was at home. When they came back in the evening, they came to know from their daughter about the alleged rape.
Prosecutrix told her parents that at around 3:30 PM, accused-petitioner came to their residence, bolted the room from inside and forcibly raped her. On this complaint, police station Bishnah registered FIR No 10/2011 u/s 376/452 RPC and investigation was conducted by SHO Shiv Dev Singh.
Medical examination of the victim was held and her statement recorded under section 164 CrPC before Judicial Magistrate. Additional Public Prosecutor K.A.Qazi filed objections and opposed bail application on the grounds that accused/petitioner is involved in serious and heinous offence punishable u/s 376/452 RPC wherein punishment provided can extend up to life imprisonment.
2nd Additional Sessions Judge Jammu Subhash Gupta after hearing both the sides observed that in the instant case, admittedly and undisputedly the trial is at initial stage. Only charge has been framed against the accused and prosecution is yet to lead evidence in the matter. Further statement of prosecutrix is yet to be recorded and court is of the considered opinion that at this stage, accused is not entitled to be released on bail and accordingly bail application is rejected.
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