Court again rejects bail application of rape-accused

Court added the statement of other witnesses in the challan especially that of mother, father and sister of victim fully corroborates the fact of illicit relationship of accused with that of prosecutrix.

MUDASIR YAQOOB
Srinagar, Publish Date: Nov 20 2018 1:32AM | Updated Date: Nov 20 2018 2:15AM
Court again rejects bail application of rape-accusedRepresentational Pic

A local court here has rejected successive bail application of a man accused of committing rape of a girl.

The court observed that as per Criminal Amendment Act, 2013, if material on record prima facie is believed to be true, there will be no bail to rape accused.

Court of second additional sessions judge Srinagar Tahir Khurshid Raina said that grounds taken by the accused Mehrah-uj-Din Dar for granting of bail don’t survive at this stage in context of the mandate of High Court judgment and evidence on record.

“The prosecutrix (victim’s) statement recorded before magistrate is on the file. She is quite categoric in her statement with regard to compelled sexual acts of the accused on her which resulted in her pregnancy followed by delivery of a child,” the court said.

Court added the statement of other witnesses in the challan especially that of mother, father and sister of victim fully corroborates the fact of illicit relationship of accused with that of prosecutrix.

“Call details on the file also reflect the continuous relation between the two. This entire evidence cannot be ignored which prima facie connects the accused with the commission of offence,” court said while rejecting the second bail second application of accused.

The court said contesting age of the girl whether she is minor or major have no significance at this stage; after defence counsel pleaded that victim has concealed her age “and is major and not minor.”

“I am not able to understand how this ground is going to carry any significance at this stage. Consent or no consent of prosecutrix being major or minor, is a matter of fact to be appreciated only during the course of trial especially when prosecutrix will get examined before the court. At the moment what is before the court is her statement recorded before magistrate which simply reflects her compelled physical submission to the lust of the accused,” the court observed.

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