Court rejects bail in rape case

03/09/2020

Jammu, SepT 2: Principal Sessions Judge Reasi Kamlesh Pandit rejected the bail application of one Mukesh Gupta S/O Romesh Chander Gupta R/O A.G 211, Shalimar Bagh, New Delhi who was allegedly involved in rape case.
According to police case that on 15.10.201 8, the complainant (prosecutrix) lodged a written complaint in Paharganj police station in District Central Delhi. In the complaint the prosecutrix pleaded that in the year 2011 she developed acquaintance with the accused person who used to visit her house and the acquaintance and intimacy was such that he was allowed by her mother even to accompany her during her visit to her daughter in Musoorie who is studying there. The accused person in Musoorie offered her soft drink in which some medicine was mixed and she fell unconscious. The accused thereafter took her nude/naked pictures. The complainant in her initial complaint further stated that the accused used to help her and they started the business of offering loan to the people on interest. The accused wanted to marry her but she refused. Complainant further stated in the complaint that in the year 2015 she alongwith accused had gone to Mata Vaishno Devi Shri ne Katra to pay obeisance and after performing Darshan remained in a hotel for a night at Katra where accused exploited her nude photographs in his possession and forced her to yield to sexual relationship. The accused person thereafter also continued physical relationship with her after blackmailing her due to which she suffered mental and physical trauma and was also operated upon. She also stated i n her complaint that the accused person is a habitual offender and action against him be taken. On this complaint, zero FIR was registered by Paharganj police station at Delhi and the investigation was transferred to Police Station Katra where the zero on 15.10.201 8, the complainant (prosecutrix) lodged a written complaint in Paharganj police station in District Central Delhi. In the complaint the prosecutrix pleaded that in the year 2011 she developed acquaintance with the accused person who used to visit her house and the acquaintance and intimacy was such that he was allowed by her mother even to accompany her during her visit to her daughter in Musoorie who is studying there. The accused person in Musoorie offered her soft drink in which some medicine was mixed and she fell unconscious. The accused thereafter took her nude/naked pictures. The complainant in her initial complaint further stated that the accused used to help her and they started the business of offering loan to the people on interest. The accused wanted to marry her but she refused. Complainant further stated in the complaint that in the year 2015 she alongwith accused had gone to Mata Vaishno Devi Shri ne Katra to pay obeisance and after performing Darshan remained in a hotel for a night at Katra where accused exploited her nude photographs in his possession and forced her to yield to sexual relationship. The accused person thereafter also continued physical relationship with her after blackmailing her due to which she suffered mental and physical trauma and was also operated upon. She also stated i n her complaint that the accused person is a habitual offender and action against him be taken. On this complaint, zero FIR was registered by Paharganj police station at Delhi and the investigation was transferred to Police Station Katra where the zero FIR was converted into FIR No.13/2019 for the commission of offences U/S: 376/506 RPC.
Court after hearing both the sides observed that the rape is traumatic event causing such extreme spike in emotions that it permanently skews one's narrative towards that event. Rape survivors struggle with imprisoned frozen identity-no matter how much she would grow there will always be that moment where she was captured and her spirit overpowered. A sexual assault is considered as one of the most heinous crimes and dastardly acts, having social, psychological, physical and social repercussions on the life and prospect of a victim. It disturbs the psychological and emotional life of the victim. Therefore, a solemn duty is cast on the courts while exercising discretion in balancing individual liberty and the interest of the whole society at large and rejected the bail application. JNF

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