Excelsior Correspondent
JAMMU, July 2: Principal Sessions Judge Kathua, M K Hanjura today rejected bail application of one Ravinder Pal, son of Ram Pal of Hiranagar, who had sexually assaulted a minor girl.
According to the police case, on December 6, 2012 the accused sexually assaulted the prosecutrix aged 11 years in her residential house. At that moment, he was under the influence of liquor.
After hearing Advocate T N Gupta for the petitioner whereas Public Prosecutor Ravi Kumar Gupta for the State, Principal Sessions Judge Kathua, M K Hanjura observed, “the contention of the counsel for the petitioner that the hymen of the prosecutrix was reported to be intact and petitioner appears to have been involved falsely in a row is a specious argument”.
“Elaborated documentation, however, is not required in bail petition. Suffice it to say that for an offence to constitute rape it is not necessary that the hymen should have been ruptured. A pedantic view of the matter alone cannot count in the instant case. A holistic view of the peculiar circumstances under which the crime has been committed has to be taken. The alleged act is dastardly and diabolic one that sends shivers down the spine of every one”, the Court said.
“The discretion in the grant of bail cannot be exercised in favour of the accused even if it be assumed that he will not jump bail. No compelling reason has been agitated in the application”, the Court said while rejecting the bail application.
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