Excelsior Correspondent
JAMMU, July 29: Presiding Officer Fast Track Court, Jammu Amarjeet Singh Langeh today granted anticipatory bail to one Anil Kumar, who is allegedly involved in an offence under Section 64 of BNS.
The allegations against accused were that on 21.05.2025, he barged into house of victim at Gandhi Nagar and committed rape on her.
Taking note of the fact that place of alleged occurrence at Gandhi Nagar, Jammu is not an isolated place, court observed, “for an individual to barge into a house of a lady at such a busy place without any whisper of same having been noticed by those in vicinity is -something that needs lot of explaining”.
While dealing with the argument of prosecution that statement of complainant under 183 of BNSS (previously 164 CrPC) clearly shows involvement of accused in commission of offence of rape, the court held, “legally speaking, statement of prosecutrix under Section 183 of BNSS (previously 164 CrPC) is not a divine edict per se so as to place blind reliance on it”, adding “what is crucial is the credibility of such statement”.
“It must be consistent, not ambiguous, not profusely weird and palpably absurd in the back ground circumstances of a particular case,” the court said, adding “if prosecutrix was so irrevocably antagonized with act of petitioner and yet for her to have five minutes conversation with him after occurrence-is too strange and freaky a reaction”.
The court also pointed out that medical evidence does not support prosecution case and investigation has not been able to show that accused ever shared objectionable photographs of complainant on social media.
With these observations, court allowed bail application with conditions.
Follow our WhatsApp channel
