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| Court denies bail to rape accused | | | Early Times Report
JAMMU, Mar 12: 2nd additional sessions judge Subash C Gupta today rejected the bail application of Anil Kumar Sarthi who was facing trial in a rape case. According to the prosecution case, on May 3, 2008, at about 11 pm, the minor girl came out of their hut to attend the call of nature.
Sarthi, a resident of Churrah in Raigarh, Chhatisgarh, followed her and then allegedly raped her. He was the victim's cousin. He threatened her of dire consequences in case she disclosed the incident to anybody, including her parents. However, after her mother came to know about the incident, the matter was reported to police. A case was then registered against the accused under section 376 of RPC. The girl was also got medically examined by doctors.
The judge, after hearing both sides, observed that the gravity of the offence spoke volumes from the fact that the accused had raped a minor girl who was related to him without thinking that what affect would be caused on her psychology or to her future life.
The offence of rape, admittedly, was also punishable with 'Life Imprisonment' and in no case it should entail punishment for less than seven years. More so, offence of rape could be considered as a serious and heinous crime as it was not against the victim only, but it had alarming affects on the society at large.
Public faith on courts would be shattered in case the bail plea of the accused was accepted.
Individual liberty, though, important and cardinal right of the accused to be honored, simultaneously, yet it could be sacrificed in the interest of society at large and for reposing confidence of the public in the functioning of judicial system. With these observations, the court rejected the bail application of the accused. |
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