Bail plea of accused in rape of minor rejected

17/03/2020

JAMMU, MAR 16:Principal Sessions Judge Reasi Kamlesh Pandit has rejected the bail application of accused in an alleged rape case of a minor girl.
Principal Sessions Judge Reasi while rejecting bail application of one Dilesh Kouri observed that in view of statutory bar created U/S 497-C Cr.P.C and Sec.32 of Posco Act, the accused person has committed prima facie rape of the minor. Moreover, other witnesses are yet to be recorded, the offence committed by the accused person is against the public at large and the offence of rape is a very heinous offence that to on a minor.
The offence of rape is a crime against the one's mind, psycho and reputation and leaves a permanent scare on the life of the victim and it becomes horrendous for the victim of the rape to lead a dignified and well respected life in the society. Therefore, in the facts and circumstances and in view of the above detailed discussion the accused/applicant herein has failed to surpass the statutory bar and also to attract the judicial conscience of this court for exercising discretion in his favour.
In this case complainant, father of the prosecutrix lodged a written report with the concerned Police Station that her minor daughter of 15 years age had gone to Dharmari market at 2.00 p.m for fetching household items and did not return to her house and he apprehended that she might have been kidnapped by some person or persons and therefore, action may be taken. On this report, case under FIR No.50/2018 came to be registered U/Ss 363 RPC and the investigation was set in motion. During the investigation and thorough scrutiny, the accused person was suspected to have kidnapped the prosecutrix and therefore, residence of accused person in Madhya Pradesh was raided where prosecutrix was found and thereafter the accused was arrested and the prosecutrix was recovered and kept in Nari Nikaten R.S.Pura. Statement of some the witnesses including the prosecutrix were recorded. The prosecutrix claims to have married the accused person and out of which one female child has been born. In this case, accused person has been charged for the commission of offence U/Ss 376/363 RPC read with Sec.4 Posco Act. The prosecutrix as per the Date of Birth recorded in school record is about 15 years of age, who claims in her statement recorded U/S 164-A Cr.P.C that she had herself gone with the accused person as she loved him and entered into a marriage with him and the same statement has been corroborated by the prosecutrix before the court when examined as a prosecution witness. She further stated that after her marriage with the accused person she got conceived and now one female child of five months old has been born out of the said wedlock. Complainant in this case stood by his complaint and other witnesses are yet to be examined. In this case, the prosecutrix is admittedly a minor as per the school record i.e less than 18 years of age and has entered marriage with the accused person and out of which one female child has been born.

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