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| Court denies bail to rape accused | | | EARLY TIMES REPORT
Jammu, October-27 (JNF):-The Second Additional Sessions Judge Jammu Subash C Gupta today rejected the bail application of Mangal Singh r/o Nandal Tehsil & District Jammu who was committed rape with minor girl and was in custody since April 28, 2011.
According to the police case that the allegations against the accused that on the evening of April 27, 2011, accused entered the house of prosecutrix who was alone there at that time and asked her to fetch a glass of cold water from refrigerator. When she went inside the room, accused forcibly caught hold her and committed forcibly rape upon her. The prosecutrix informed her father on mobile with regard to the commission of offence of rape by the accused. Thereafter her father lodged a written report with P/S Jhajjar Kotli, a case u/s 376 RPC was registered and during investigation statement of prosecutrix was got recorded before the Judicial Magistrate u/s 164-A CrPC and she was examined by the radiologist and also by gynecologist. Radiologist found her age as above 14 years and below 16 years.
The court observed that in the instant case admittedly and undisputedly the trial is at the initial stage, only charge has been framed against the accused-petitioner and prosecution yet to lead evidence in the matter. Furthermore, statement of the prosecutrix who is a prime and star witness is yet to be recorded; prosecutrix should be kept at the radar of this Court in order to secure her independent version as prosecution witnesses in the Court. This can be obtained if she is not being accessed or otherwise influenced by anybody much less by the accused petitioner. At this stage it cannot be ruled out that accused-petitioner would not approach or otherwise make contact with her for influencing her statement in the Court either personally or through his sources is another factor which creates hindrance in allowing the plea of the accused for bail. With these observations Court rejected the bail application. JNF
JNF/october/27/2011/2
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