India

Court denies bail to accused in minor rape case

golden yug
[ May 07, 2017 ] CJM Reasi Kamlesh Pandita rejected the bail application of Kuldeep Kumar S/o Sh. Vijay Kumar R/o Village Kun Tehsil Katra District Reasi who was involved in rape with minor. According to the police case that accused person is involved in case FIR No. 66/2017 for commission of offences under sections 376/506 RPC. Police report further reveals that on 20-04-2017, complainant lodged a written report with the concerned Police Station stating therein that the accused prson used to rape her minor daughter continuously in her absence, who happens to be also distantly related. Police report further reveals that the accused person used to threaten the minor prosecutrix for not disclosing the commission of rape on her to any person. Police report further reveals that the commission of rape by the accused person came to surface when minor victim was diagonized with five months pregnancy. The investigation of the case is in progress. CJM Reasi Kamlesh Pandita after hearing Senior PO Joginder Lal for the state observed that offence alleged to have been committed by the accused person is very heinous and should be dealt with very firmly as the offences against the woman are on the rise day in and day out and these offences are considered to be not only against the individual but also against the society at large. The offences committed by the accused person is horrifying crimes in which the prosecutrix suffer scar on her reputation for no fault of her and so these offences require to be dealt with sternly despite the precious personal liberty guaranteed by the constitution to the accused person. I am conscious that the accused person has right to personal liberty but at the same time while balancing the personal liberty of the accused person and the suffering of the prosecutrix, I am convinced that the exception to the bail rule is made out in favour of the prosecutrix in the given facts and circumstances of the case. No member of a society can afford to conceive the idea that can create hollow in the honour of a woman. The sexual molestation of minor is not only lamentable but also deplorable and While dealing with the bail application, the stage is not right for the court to comment on the offences whether are sustainable or not. Same can be dealt by the court at the charge/dis-charge. With these observations Court thinks that the offence alleged to have been committed by the accused person is heinous and such offences are not taken in good taste by the civilized society in which we are supposed to live and rejected the bail application.