Excelsior Correspondent
KARGIL, July 15: Sessions Court Kargil today denied bail to a rape accused namely Fida Hussain, son of Mohammad of Kargil.
According to the prosecution case, the accused had taken the sister of the complainant to Kargil in his vehicle from where he took her to his residence and committed rape upon her.
In the bail application, the counsel for the accused Khadim Hussain submitted that the prosecutrix was the consenting party in the commission of the offence as such accused has a right to be released on bail. However, the Public Prosecutor Manzoor Ali Khan rebutted the arguments.
After hearing both the parties, Principal Sessions Judge, Tahir Khurshid Raina rejected the bail application of the accused. “It is the accused who is on trial and not the victim”, the court said, adding “moreover, the basic principle in the rape case is that the evidence of the prosecutrix should not be suspected and should be believed”.
“Women in our society are very vulnerable and offences like rape are on rise. There needs to be check on such offences and in this endeavor courts cannot be a mute spectator”, Principal Sessions Judge said, adding “even otherwise it has been held by the Supreme Court that society speaks through judge”.
“Rape, which prima-facie is a serious offence, cannot be taken so lightly by the court and if the accused is enlarged on bail, a wrong message will be travelled to the society”, Principal Sessions Judge said, adding “the court in fact is the guardian of the society and has to strike a balance between the right of life and liberty of the accused”.
With these observations, court rejected the bail application of accused.
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