STATE TIMES NEWS JAMMU: Not every prosecution and police story is true sometimes innocents are framed up for wrong reasons and therefore the Courts had to view the cases with objectivity and sense of true justice.This was proved when the Court of Principal Sessions Judge Jammu, Vinod C. Koul granted bail to accused Karan Kant, who was implicated in a case of rape and Prevention of Children from Sexual Offences (POCSO) Act concerning a minor girl of 17 years. The Court granted bail to the young boy- who was behind the bars in this false case for the last several months after hearing his counsel A.K Sawhney Advocate with Advocates Neeraj Singh and Ishant Gupta. The Court observed that applicant -accused is facing trial in case FIR No: 125/2018 for offences punishable under Sections 354 B, 376 D and 201 RPC and 6 J&K POCSO Act. After the police produced the Challan for commission of aforesaid offences, he was charge-sheeted and charges were framed against him on December 20, 2018. It was alleged that on September 18, 2018 complainant (girl’s name withheld), aged 17 yrs, along with her parents lodged a written report at Police Station Bakshi Nagar, Jammu that she knows accused (name withheld) and through him she came in contact with accused Karan. They called her to meet them outside her tuition centre at Kachi Chawni Jammu where they took her mobile phone on the pretext to make a phone call and she gave her phone to them. After few days accused Karan called her and said that they have taken some personal photographs of her from her mobile which they would upload on internet. They said that they have taken her semi-nude photographs from her phone and also asked her to meet them. Due to fear of her parents, they took her to a room in society, where she met accused Karan in the Resham Garh Colony, Jammu in the month of August 2018, where accused Vinayak was already present and both the accused opened her clothes and clicked her pictures and committed rape with her. Due to fear she could not tell the whole incident to her parents and after one week both the accused came outside her tuition centre and threatened her of dire consequences in case she would reveal anything to her parents. They again forced her to sit in their car and out of fear she sat in the car and they again took her to the aforesaid room in Resham Ghar Colony, Jammu and raped her repeatedly. Due to fear she again did not tell the whole incident to her parents. Again on September 15, 2018 the accused Karan came at her tuition centre and threatened her and forced her to come along with him, to which she refused and she was so terrified that she narrated the whole incident to her family on the same day and on the same day the complaint was lodged. As per report of the investigation offences under Sections 354B and 376D RPC, and 6 J&K POCSO Act were framed. The prosecution in order to prove the charge against the accused has so far produced three important witnesses i.e victim, her father and her mother and their statements have been recorded. The Court observed that as submitted by A.K Sawhney Counsel for the accused/applicant, the victim and her father in their statements have not supported the prosecution version. “The aforesaid witnesses are most important witnesses in this case and in the absence of any incriminating evidence given by them the prolonged detention of the accused would amount to punishment without there being proof of the charge”, the court observed. “I have considered the arguments of the counsels of both the parties and have also gone through the statements of the victim as well as her father. On perusal of the statements without commenting upon the merits of the case applicant/accused has succeeded in carving out a case for grant of bail in his favour”, the court observed. “The victim was most important witness and in case accused is admitted to bail, having regard to the statement of the victim, there would be no apprehension of the accused tampering or hampering the prosecution witnesses. Therefore, this application is allowed and accused is admitted to bail, subject to his furnishing bail bond,” the court observed.
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