Court rejects bail in rape case

22/05/2021

Jammu, May 21: Additi-onal Sessions Judge Kathua Kamlesh Pandit today rejected the bail application of one Sahil Kumar involved in rape case.
According to the police case that the allegation against the accused person is that he has developed friendship with the prosecutrix who was minor at that time in the year 2016 through social media platform. The accused person thereafter on deceitful proposal of marriage committed rape on minor which continued till she got to know that accused person was not marrying her. She has filed the complaint which was registered under FIR NO.12/ 2020 for the commission of offences under sections 376, 420, 201 IPC in Police Station (Women Cell) Kathua & investigation culminated in the charge sheet which charge sheet came to be transferred to this court for disposal under law.
Additional Sessions Judge Kathua Kamlesh Pandit after hearing both the sides observed that The cases of rape, gang rape and digital rape are on increase and perpetrators of this inhuman and brutal crime are worse than even the beasts and deserve to be dealt with a heavy hand. The entire country is seriously debating this issue and there are proposals coming forth that death penalty should be the answer to deal with the accused involved in such heinous crime. Every case has different facts; some of the recent rape cases have been so horrifying that entire country prot-ested to condemn these barbaric acts and raised a voice to curb the said menace by inflicting more severe punishment. The government of India also promptly appointed Justice J.S. Verma Committee to review laws on crimes against women, which recommended certain drastic changes in the criminal law relating to offences against women and accordingly various amendments have been made in law on the subject. Moreover, the offence committed by the accused person is not only an onslaught on an individual person but on the whole society at large. A sexual assault is considered as one of the most heinous crimes and dastardly 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. A sexual assault brings bad name to the woman and becomes a tool in the hands of insensitive people to ostracize her in society and attach social stigma to her name. 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. With these observations Court rejected the bail application.

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