CJM rejects bail in rape case

16/01/2018

JAMMU Jan 15: Chief Judicial Magistrate Jammu Ashwani Sharma rejected the bail application of Shfiat Hussain. S/o Fazilat Hussain, R/o Som Kari Tralla Rajouri in rape case and ordered that accused is allegedly to be juvnile the accused be kept in the observation Home at R.S Pura Jammu.
Accoridng to the police case that the accused is involved in case FIR No.281/17 for the commission of offences U./Ss 363/376/342/109 RPC. The occurrence is alleged to have been token place on 02.12.2017. The statement of the witnesses U/S 161 Cr.P.C have been recorded. Since, the accused is involved in the commission of offence U/S 376/ RPC which is a heinous offence against the society at large particular against the women, as such, I deems it fit to conduct inquiry regarding the juveniles of the accused herein during the course of bail implication. The accused is alleged to have been shown as juvenile in the bail application and the date of birth of the accused has been shown as 03.03.2003. The date of birth Certificate which was issued Headmaster Govt. High School Sankari No.II has been appended with the file, I have also examined master Zakir Hussain Govt. High School Sankari-ll Distt Rajouri. I have also recorded the statement of Sh. Zakir Hussain (Mater) Govt High School Sankari No.II who has deposed before the court that he has brought the admission register pertaining to year 2006 to 2015 and as per the .Admission register S.No.152 the date of birth of the accused Shafait Hussain has been shown as 03.03.2003. I have also examined Sh. Gh. Mohi-U-Din (teacher) Govt, High School Sankari No.II Distt: Rajouri who has deposed before the court that as per record of Primary Department at S.No. 1165 the date of birth of the accused namely Shafait Hussain has been recorded as 03.03.2003 and the same date of birth has been reflected in the application for admission form. In the present case the occurrence is alleged to have taken place on 02.12.2017. Thus, on the date of occurrence the AGE OF the accused is 14 YEAR 09 month approximately. Thus, the accused is declared as juvenile WITHIN the meaning of Sec.2(n) of the J&K Juvenile Justice (Care and Protection of Children) Act, 2013.
CJM Jammu after hearing CPO Jammu along with PO Arvind Manhas observed that the paramount question which has arisen for the consideration of this court is whether the accused who is juvenile within the meaning of Sec. 2 (n) of the, J&K Juvenile Justice (Care and Protection of Children) Act, 2013 is entitled to bail or not.
CJM further observed that a perusal of the medical certificate of the prosecutrix appended with the CD file transpires that microscopic examination of both the stained vaginal smears shows no spermatozoa. Initially the FIR was lodged for commission of offence U/S 363/109 RPC, but during the course of investigation the commission of offence u/s 376 /RPC added in the array of charges. Thus, the allegations against the accused are quite serious and heinous in nature taking into consideration the gravity of offences and the age of the victim is also shown as 14 year in the medical certificate .the manners in which the offence has been committed and the procesutrix has been kidnapped are not excepted for a juvenile because the allegation against accused are that while the prosecutrix on 01.12.2017 at about 330 P.m was going from her house to the shop for fetching the luggage and while en route an auto was standing and moment she passed through the auto, the accused caught of her hand and made sit down in the auto and kept his hand upon her mouth and when she gained conscious IT WAS 3.30 am and she found herself in a hospital. It has also come in the police report that the accused took her in the house of his friend where meat was cooked and when the prosecutrix did not consent to take meat she was confined in a room.
It has also come in the police report that the Accused allegedly Juvenile also committed rape with her against her will and without her consent. Since, the prosecutrix is also a juvenile and the Investigation of the case is still pending as such, if the acused allegedly a juvenile is to be enlarged on bail at this stage, the interest of justice would be defeated. Viewed, thus the application is rejected and the accused be kept in the observation Home at R.S Pura Jammu this application is disposed off according and same be consigned to records after its due compitation. JNF

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