Excelsior Correspondent
JAMMU, July 27: Additional Sessions Judge Udhampur SC Katal has rejected the bail application of two brothers involved in a rape case.
On 21.02.2021 prosecutrix had presented the written application before the Chief Judicial Magistrate Udhampur for directing the SHO Police Station Udhampur to register FIR against the accused persons namely Mohd Hanief and Mohd Mushtaq, sons of Feroz Din and two unknown persons for raping her.
Accordingly, FIR was registered and during course of investigation police recorded the statement of the witnesses and prosecutrix under Section 164 CrPC.
After hearing APP Himanshu Parkash appearing for the police, court observed, “under criminal law a person is presumed to be innocent unless his guilt is proved but keeping in view the nature of the offence (rape of prosecutrix) allegedly committed by the petitioners it become an exceptional case where the liberty of the accused persons/ petitioners is required to be curtailed so that prosecutrix & other witnesses may not feel insecure”.
With these observations, court rejected the bail applications.
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