Excelsior Correspondent
JAMMU, Feb 23: Judicial Magistrate Reasi, Archana Charak today rejected the bail application of Raj Mohd and Mohd Hussain, who were involved in rape with minor girl.
According to the police case, on February 6, 2013 the prosecutrix aged 15 years and her 9-year old sister were alone in their house at Panasa under the jurisdiction of Reasi Police Station when the accused person namely Raj Mohd, son of Mohd Sharief and Mohd Hussain, son of Abdul Gani, both residents of same village forcibly entered into the house of complainant and committed rape with 15 years old prosecutrix.
After hearing Senior PO Anil Dev Singh Jamwal whereas Advocate Shalinder Bhardwaj appearing for the applicants, Judicial Magistrate Reasi observed, “according to the record submitted by the prosecution the prosecutrix was minor at the time of commission of offence. Even if it is assumed at this stage that prosecutrix had consensual sexual intercourse with both the accused, keeping in view the age of the prosecutrix the applicant cannot take any advantage”.
“The consent of the women under 16 years of age for sexual intercourse is irrelevant as per as commission of offence of rape is concerned. As both the accused are involved in such a heinous and shameful offence the accused cannot be said to deserve any concession at the hands of the court”, Judicial Magistrate said.
With these observations, Judicial Magistrate dismissed the bail application of the accused.
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