Excelsior Correspondent
JAMMU, May 10: Principal Sessions Judge Kathua, Vinod Chatterjee Koul today rejected the bail applications of Khajoor Singh, son of Rattan Singh of Bakhta Kathua and Harvinder Singh, son of Puran Singh of Berra, Kathua, who were facing trial in a rape case.
After hearing Advocate B B Bhagotra for the accused persons whereas Public Prosecutor Ravi Kumar Gupta for the State, Principal Sessions Judge observed, “the prosecutrix is alleged to have been raped by the petitioners along with other accused”, adding “this has changed the entire complexion of the case. The law on the subject is clear that the grant of bail depends upon the nature of the offence, the manner in which it is committed and its impact on the society”.
“It must be kept in mind that rape is a social offence and a rapist cannot claim bail for the reason that his liberty cannot be curtailed. A victim of sexual aggression would rather suffer silently than to falsely implicate somebody”, the court said, adding “the statement of a rape victim is an extremely humiliating experience for a woman. The statement of the prosecutrix has been recorded on oath during trial, which supports the prosecution case/charge framed against the accused”.
“In the context of Indian culture, a woman – victim of sexual aggression – would rather suffer silently than to falsely implicate somebody. Any statement of rape is an extremely humiliating experience for a woman and until she is a victim of sex crime, she would not blame anyone but the real culprit”, the Court further said.
With these observations, Court rejected the bail applications.
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