Court reject bail to two in rape case
JKUT (Jammu), September-22-2021-( JNF):- In a much flimy style rape case, Additional Sessions Judge Kathua Kamlesh Pandit rejected the bail applications of Ajay Singh and Abhi Kumar.
According to the police case that that complaint was made by the prosecutrix to the concerned police station that on 02-08-2021 she along with her sister were alone at home and accused namely Abhi Kumar came to her house and asked to collect books of 12th class as his mother was not at home. When she went to his house, said Abhi Kumar asked her to go inside the room. When she went inside the room, Abhi Kumar locked the room from outside and called his juvenile friend to his house. Juvenile committed rape upon her and the accused/applicants herein video-graphed the commission of rape from outside the room secretly. When she raised hue and cry the juvenile in conflict law released her and thereafter accused persons threatened her of uploading video on social media if she disclosed the incident to her parents , due to which she remained silent. On this Police registered a case u/s 376,342,506,109 IPC read with section 67(A) IT Act.
Additional Sessions Judge Kathua Kamlesh Pandit while rejecting the bail application observed that The cases of rape, gang rape and digital rape are on increase and perpetrators of this inhuman and brutal crime are worse than even the beasts and deserve to be dealt with a heavy hand. The entire country is seriously debating this issue and there are proposals coming forth that death penalty should be the answer to deal with the accused involved in such heinous crime. Every case has different facts; some of the recent rape cases have been so horrifying that entire country protested to condemn these barbaric acts and raised a voice to curb the said menace by inflicting more severe punishment. The government of India also promptly appointed Justice J.S.Verma Committee to review laws on crimes against women, which recommended certain drastic changes in the criminal law relating to offences against women and accordingly various amendments have been made in law on the subject. Therefore, in view of the above stated reasons I do not think accused persons deserve discretion of court at this stage. The offences alleged to have been committed by the accused are heinous and have shaken conscious of general public at large. In this case investigation is going on as no challan has been filed . The arguments of ld counsel for the accused persons that accused /applicants herein have not committed any offence and just were sitting outside the room is not plausible in the given facts and circumstances as there is prima facie evidence against accused persons regarding the offence committed by them which offence are very heinous and the action of the accused persons reflect the criminal and anti-social bent of mind of the accused/ applicants herein. As a consequence bail application is rejected and shall be consigned to records under due procedure. JNF