Excelsior Correspondent
JAMMU, May 12: 3rd Additional Sessions Judge Jammu Sunit Gupta today rejected the bail application of Rajesh Kumar Abrol, suspended Sub-Judge who is facing trial in rape case.
“At the time when the order dated 8-1-2019 was passed by this court the statement of the star witness of the case i.e. Prosecutrix was already recorded and she had duly supported the prosecution case”, the judge said, adding “it has been observed by this court while passing the previous order that the prosecutrix in her statement has specifically deposed that the accused had committed rape upon her by deception of false and illegal marital knot with her and also by concealment of the previous marriage of the accused”.
As such, the consent of the prosecutrix for sexual intercourse was obtained by the accused by misrepresentation which tantamounts to commission of offence of rape, the court said.
The applicant/accused who was holding a high responsible post as judicial officer had relatively more higher moral responsibility shouldered upon him to maintain the dignity of the said post as well as the dignity of the institution of which he was an integral part. But if he proves himself to be failure in maintaining such dignity in person and the dignity of institution as a whole, he is bound to suffer more than an ordinary offender, the court said, adding “a judicial officer must be a role model for the society, so that the litigant public should trust upon him/her to do justice with them. But if the judicial officer would become morally weak, the confidence of the society on justice delivery system would be completely shattered”.
With these observations, the court rejected the bail application.
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