Excelsior Correspondent
Srinagar, May 28: High Court has granted bail to a man in alleged rape and kidnapping case by observing that the victim categorically deposed before the trial court that he did not commit any wrong act or rape with her.
Justice Mohan Lal allowed the bail application of accused-Mushtaq Ahmad as the prosecutrix-victim court said, has revealed in her statement that accused-Ahmad did not commit rape on her.
Court after hearing the advocate Asheesh Singh Kotwal on behalf of the accused-Ahmad and keeping in view of the statement of the victim granted bail to the accused subject to personal bond of Rs 50, 000 to be furnished before the In-charge of the Jail where the accused is lodged.
Court directed the accused to appear before the trial court on each and every date of hearing during the trial unless exempted by the trial court.
Prosecution counsel vehemently argued that the accused is involved in heinous crime against the society at large and does not deserve any leniency of bail.
Advocate Kotwal, for and on behalf of the accused has vehemently argued, that the prosecutrix was declared hostile and was subjected to cross-examination wherein she disclosed before the court below that the applicant-Ahmad in connivance with the main accused Mohammad Rafiq abducted the prosecutrix but has clearly denied that the prosecutrix was raped by him.
“The statement of the prosecutrix which was recorded by the trial court on 06.12.2021 clearly reveals that the applicant/accused has not committed rape with the prosecutrix on the basis of which the applicant was implicated in the case and as per her statements of victim no case is made against the applicant as the prosecutrix has flatly denied that the applicant namely Mushtaq Ahmed has committed rape with her”, Advocate Kotwal submitted.
It is on 24.01.2012 complainant Mohammad Akram submitted a written application in concerned police station mentioning therein that on 14.01.2012 his minor daughter of age 13 ½ years was missing from home and accordingly after investigation FIR was registered for kidnapping his minor girl and it was revealed that accused Mohammad Rafiq and Mushtaq Ahmed were involved in the crime.
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