Court rejects bail of Bihar man involved in rape with minor

03/07/2019

SRINAGAR, JULY 2: 2nd Additional Sessions Judge Srinagar Vijay Singh Manhas rejected the bail application of Santosh Kumar Poswan S/O Sachdev Poswan R/O Lalpora Bemnagar District Sepol Bihar allegedly involved in kidnapping and rape with minor.
Court observed that As per the charge sheet, it surfaces that on 01.09.2016, the complainant has lodged a written report with police station Kral Khud to the effect that the accused Santosh Kumar was working as mason in his house for last two months. His daughter Ms. X whose age is 14 years went missing from that day and he was having apprehension that accused has enticed and abducted her with the intention to commit rape upon her. He along with his family searched for his daughter, but she could not be found. On receipt of this report, case FIR No. 32 of 2016 for offence u/s 363 RPC stands registered and the investigation of the case was entrusted to PW-12. A wireless massage of the incident was sent to all police stations, site map was prepared, statements of witnesses were recorded. During investigation, Police station Budgam during Naka duty recovered the prosecutrix from the possession of accused when the duo were travelling on the motor cycle bearing registration no. JK01J/6951 towards airport in suspicious circumstances. As such, spot sketch of place of recovery was prepared, statements of witnesses were recorded and accused was arrested. The medical examination of prosecutrix was got conducted by PW-8 and report obtained. As per the report, the prosecutrix has conceived a fetus of 10 months and 6 days. Certificate regarding age of prosecutrix was also obtained which confirmed that the prosecutrix on the date of commission of offence was a minor. On 15.10.2016 the complainant lodged an application with police station to the effect that on 14.10.2016 while sweeping her home, the prosecutrix slipped from the staircase, resulting which, her fetus was abortioned. Investigation of the case established offences u/ss 361, 363, 376 RPC as against the accused.
Court after hearing both the sides observed that as per the school certificate, she was a minor even at the time of commission of alleged offence. Moreover, the statements of witnesses of the prosecution so far recorded does not in any manner inspire the court to form an opinion that the accused person has not committed any offence, or he may not be held guilty or convicted. There is every scope in both way he may be convicted or acquitted after full trial and meticulous analysis of the evidence as per law. So the concession of the bail cannot be granted in favour of the petitioner for the reasons ascribed herein before. The application as such is rejected. JNF

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