Excelsior Correspondent
JAMMU, July 4: Sanjeev Gupta Presiding Officer Fast Track Court, constituted to deal with the cases related to Women, today rejected the bail application of three accused namely Jyoti Singh, Kala Ram @ Ashwani and Ghara Ram all residents of village Ratnal, tehsil Bishnah, district Jammu who were involved in gang rape with prosecutrix and attempt to rape with daughter of prosecutrix aged 3 years.
According to the police case, the petitioners are involved in case for commission of gang rape with the prosecutrix and her minor daughter aged about three years and were arrested by the police on May 29, 2014.
While denying the bail to three accused, Sanjeev Gupta Presiding Officer Fast Track Court after hearing APP GS Charak appearing for the State whereas Advocates Chand Mohan Gupta and Advocate Ajay Kumar for the accused persons, observed that there is no denying the fact that liberty of an individual is precious and is to be zealously protected by the courts and nonetheless, such a protection cannot be absolute in every situation. The valuable right of liberty of an individual and the interest of society in general has to be balanced. Court further observed that liberty of a person accused of an offence would depend upon the exigencies of the case. The individual is restricted by larger social interest and its deprivation must have due sanction of law and in an orderly society individual is expected to live with dignity having respect of law and also giving due respect to other rights.
Court further observed that there is recent spurt of sexual offences particularly incidents of gang rape against the women in country which has raised a concern about their safety and security and for this reason, Court thinks rape offences constituted a class apart and need to be visited with a different approach in the matter of bail. Such offences are required to be viewed seriously and considered as grave offences affecting the society as a whole and thereby posing serious threat to the public sentiments. Court further observed that from a careful consideration of the statement of prosecutrix recorded under Section 164-A CrPC and the medical examination report of her minor daughter, Court found that there are reasonable grounds for believing that the accusation against the petitioners are prima-facie true with regard to commission of gang rape with the prosecutrix and at least an attempt to commit the said offence and with her minor daughter. With these observations Court dismissed the bail application of three accused involved in gang rape case.
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