Excelsior Correspondent
JAMMU, May 15: Additional Sessions Judge Kathua Kamlesh Pandit has rejected the bail application of one Muhammad Arfan, a police constable, who committed the rape on the false assurance of marriage.
“Any sexual assault upon a woman is considered as one of the most heinous crime and dastardly acts having social, psychological, physical and emotional repercussions on the life and prospects of the victim”, the court said, adding “the social censure and social disgust of the offences of sexual assault has impelled our legislators to amend the laws dealing with these offences and make them more rigorous, sterner and more stringent”.
“The new legislations have been enacted to deal with an iron hand and more effectively, the ever increasing intensity of incidents of sexual violence against women. The act of rape is traumatic event causing such extreme spike in emotions that it permanently skews one’s narrative towards that event”, the court further said, adding “rape survivors struggle with imprisoned frozen identity, no matter how much she would grow, there will always be that moment where she was captured and her spirit overpowered”.
“Therefore, a solemn duty is cast on the courts while exercising discretion in such cases to balance individual interest with the interest of the whole society at large”, the court further said while rejecting the bail application.
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