STATE TIMES NEWS
JAMMU: Principal Sessions Judge Kishtwar Y P Kotwal has rejected bail application of one Abdul Rashid, who was facing trial in rape case.
As per case, on January 17, 2020, when prosecutrix had gone to fetch water from a spring situated at a distance of about 1 Km from her house, accused Mohd Ishaq and Abdul Rashid came there, covered mouth of the prosecutrix with their hand, dragged her, took her to road, made her to board a vehicle, and kidnapped her. Accused Abdul Rashid accompanied accused Mohd Ishaq and prosecutrix upto Doda and thereafter came back, however accused Mohd Ishaq forcibly took prosecutrix to Amritsar (Punjab) to marry her, where he raped her for about 1 year, after which a female baby was born to the prosecutrix, who is now of 7-8 months old. Accused Mohd Ishaq also tried to sell prosecutrix to one Kuldeep, however, as he filed to pay fixed amount, accused refused to sell her and kept prosecutrix with him. After investigation, offences under Sections 376/366/498/346 of IPC were established against accused Mohd Ishaq, whereas offence under Section 109 of IPC was established against accused Abdul Rashid, applicant herein.
Principal Sessions Judge Kishtwar Y P Kotwal, while rejecting the bail application, observed that accused cannot be released on bail in case there are reasonable grounds to believe that he has been guilty of an offence of kidnapping and rape. Gravity of offence involved in a case has the power to induce a person accused of offence to avoid trial and to crown it all. “In the present case, as referred above, accused has committed a heinous offence and the charge has not yet been framed against accused including the applicant herein, as such witnesses cited by the prosecution in the Challan are yet to be examined in the case, and who knows in what direction the prosecution case will land after their statements are recorded,” the Court observed and rejected the bail plea.