Excelsior Correspondent
JAMMU, July 22: High Court has rejected the pre-arrest bail applications of Younas Ali (father-in-law) Nishad Ali (husband) and Rufana Bibi (mother-in-law) in alleged rape case of a woman.
As per complaint, father-in-law of the complainant by taking the advantage of absence of other family members tried to molest the complainant. After the incident of molestation and demand of sexual favour, the complainant narrated the same to her husband and mother-in-law but it made no difference.
On 23.05.2023, the husband of the complainant left the house for selling the milk whereas mother-in-law of the complainant left the house to graze the cattle and by taking the advantage of absence of other family members in the house, the father-in-law of the complainant manhandled the complainant and forcibly committed sexual intercourse against her wishes. He threatened the complainant that in case the incident of forcible sexual intercourse/rape is disclosed to anybody he would kill her.
After hearing both the sides, Justice Mohammad Akram Chowdhary observed, “it is trite that the offence under Section 376 IPC is a heinous crime, which cannot be viewed with leniency. Sexual assault not only causes physical injuries but leaves a scar on the most cherished dignity, honour, reputation and chastity of a woman, therefore, needs to be dealt with utmost sensitivity”.
“The Investigating Officer has submitted that investigation of the case is complete and it has been concluded that the allegations leveled against the petitioners are proved and that the Investigating Authority is ready to file challan under Section 173 CrPC before the competent court of law against the petitioners”, High Court said, adding “the application for grant of bail in anticipation of arrest, moved by the applicants, have no merit. Needless to say that the trial court, in view of availability of charge-sheet and other material, collected by the investigating agency during investigation, shall be in a better position to consider the plea, if raised, for grant of bail, at the time when charge-sheet is laid”.
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