Excelsior Correspondent
JAMMU, Oct 27: Principal Sessions Judge Jammu, Jang Bahadur Singh Jamwal has rejected the bail application of Madan Lal, who is facing trial in kidnapping and rape of minor.
According to the police case, on January 4, 2011 the mother of prosecutrix lodged a written report before the police stating therein that on December 31, 2010 her daughter was kidnapped by Madan Lal. On the basis of this report, police registered a case and started investigation.
On February 20, 2011, the prosecutrix was recovered and accused arrested. The prosecutrix was handed over to her family members after the medical examination and her statement under Section 164 CrPC also recorded.
After hearing both the sides, Principal Sessions Judge observed, “the prosecutrix being a minor has not only been put to physical but psychological harm also. The long term negative effects on development leading to repeated or additional victimization in adulthood are also associated with child sexual abuse”.
“The offence committed by the petitioner/accused is though punishable with alternative punishment but the allegations are that he committed rape on a minor girl. The charge is serious and in case the petitioner is released on bail, there is every- likelihood that he may try to tamper with the evidence and his prospective of returning to the court is also bleak”, Principal Sessions Judge said.
“The petitioner has been charge sheeted under Sections 363/376 RPC and only the statements of three prosecution witnesses have been recorded out of eight cited. The prosecutrix as well as the mother of the prosecutrix have fully supported the case of prosecution. The medical evidence shows the urine test for pregnancy positive”, the Court observed and rejected the bail application of the accused.
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