Court denies interim bail to rape accused

Excelsior Correspondent

JAMMU, July 19: 2nd Additional Sessions Judge Jammu, Subash C Gupta today denied interim bail to Ajay Jamwal, who was allegedly facing trial in kidnapping and rape case.

According to the police case, on April 23, 2010, prosecutrix was kidnapped by accused-petitioner and one unknown person, who kept her under lock for six days. During this period, the accused-petitioner committed sexual intercourse with her. Initially, police lodged a FIR for commission of offence under Section 363 RPC but after investigation, police proved the commission of offence under Sections 363/376/343/109RPC against the accused -petitioner and offence under Section 363/109 RPC against the other accused.

After hearing both the sides, 2nd Additional Sessions Judge, Jammu observed, “undisputedly, mother of the accused-petitioner, is under treatment and she is advised for complete rest for three weeks but nothing is required to be done by the accused-petitioner”, adding “it appears that he wanted to enjoy fresh air outside the jail, which cannot be allowed, as he is facing the trial for commission of offence of rape”.

“The statement of prosecutrix is yet to be recorded. There is every possibility of his influencing the prosecution witnesses, much less the prosecutrix, who is kept at the radar of this court, so that her truthful and independent statement, as witness is obtained”, the Court further said.

With these observations, Court dismissed the bail application.