STATE TIMES NEWS
JAMMU: Third Additional Sessions Judge Jammu Haq Nawaz Zargar on Monday rejected the bail application of one Kamal Kumar, facing trial in minor’s rape, kidnapping and abetment to suicide case.
According to case, on February 17, 2016, an information was received from reliable source that prosecutrix (name withheld) is lying unconscious in her house at Arnia. On this information, inquest proceeding was initialed vide FIR No.13 dated February 17, 2017. Statements of witnesses were recorded under Section 175 CrPC and during investigation of the case it came to fore that on February 16, 2016 at about 2.00 AM in the night, accused kidnapped and committed rape with prosecutrix and the deceased due to the fear of her reputation committed suicide. Subsequently after completion of investigation, police found accused to be involved for commission of offence under Sections 363, 376 and 306 RPC. Finally, the Challan against the accused was laid for aforesaid offences.
The court observed that the court at this stage has to keep in mind the nature and seriousness of the offences, character of evidence, circumstances which are peculiar to the accused, reasonable possibility of the presence of the accused not being secured at the trial, reasonable apprehension of the witnesses being tampered with and above all, larger interest of the public or the State and other similar factors which may be relevant in the facts and circumstances of each case.
“There is no evidence to the effect which can make this court to opine that the accused/applicant is not prima facie involved in this case and the story projected by the prosecution is not true”, the court observed and added that perusal of the file also reveals that prosecution has examined only 10 witnesses out of 17 cited in the calendar of Challan. While considering the seriousness of the offence and the reasonable apprehension that the witnesses may be tampered by the accused in the present case, and also keeping in view the larger interest of the society, the court rejected the bail application.
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