Excelsior Correspondent
JAMMU, July 17: 2nd Additional Sessions Judge Srinagar Tahir Khurshid Raina has denied bail to three persons, who were booked by Police Station Nowgam for facilitating and committing rape on a minor girl.
These accused persons are Umar Ali Dar, Umer Hamid Laway and Talib Parvaiz, who were booked under Sections 363, 376 and 109 RPC.
After hearing counsel for the accused/applicants and Additional Public Prosecutor for the State, the 2nd Additional Sessions Judge observed, “rape is such a heinous, shameful and immoral act where the abettor cannot get absolved in degree of culpability by showing sham argument that he himself didn’t commit rape and the other did it”.
“To facilitate this nefarious crime to be committed and even to abet the same is equal in degree in culpability as that of the rapist himself”, the court said, adding “if all the three applicants had living conscious in them with a good degree of morality and probity, could have saved the chastity and modesty of a minor girl, who lost her way and should have taken her at home, reflecting morality and human values but instead took her to the unknown destination and got raped”.
The court observed, “Einstein once said that the world would not be destroyed by those who do evil but by those who watch them without doing anything”, adding “so allowing the crime to rank immorality to happen is more a dangerous act then the act itself. It will amount to destruction of moral fabric of the whole society and will resultantly turn into beast”.
“Gravity of offence, its impact on the society, evidence on record and punishment prescribed for the offence alleged to be committed are the illustrative golden principles to follow by the courts while granting bail to the accused in non-bailable offences”, the court said while rejecting the bail applications.
2nd Additional Sessions Judge observed, “bail is a rule and jail is an exception. But same will not be applied in a case of heinous crime with serious implications in the society”, adding “application of such a rule can embolden the perpetrators of this rank immorality and crime in the society”.
One of the applicants Talib Parvaiz, who was present in the court, was taken into custody after rejection of his bail bond and sent to the Central Jail, Srinagar.
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