Excelsior Correspondent
JAMMU, Jan 23: 3rd Additional Sessions Judge Jammu Kishore Kumar has rejected the bail application of an alleged Tantrik namely Bal Krishan, son of Jagdish Raj of Miran Sahib, who was allegedly involved in rape case.
The court, after perusal of the statement of the prosecutrix, observed that she was under treatment of the accused since long as she was having infection in her leg and on the advice of somebody she had gone to the darbar/asthan of the accused where he used to hold prayer in the year of 2014.
“Now the question arises what was the age of the prosecutrix in the year 2014? From the record available on the file, it appears that the date of birth of the prosecutrix is 15.05.1996 which transpires that the prosecutrix was less than 18 years in the year 2014”, the court said, adding “no doubt the prosecutrix has stated that the accused has not committed rape upon her but she had consented to for sex by the accused only on the assurance that accused will marry her”.
“Definitely, the age of the prosecutrix was less than 18 years when the accused had sex with her. It is immaterial whether that sex was committed by the accused with the consent of the prosecutrix or not. Since the accused was admitted to interim bail by this court on certain conditions and on the assurance of the father of the prosecutrix that accused will marry her daughter. Now the accused has refused to marry the prosecutrix after getting bail and also threatening the prosecution witnesses including prosecutrix and her father”, the court further said.
After hearing APP Sarwesh Gupta appearing for the State, the court observed, “in view of the gravity of the offence and also the prevailing lawlessness and the increasing crime of rape and molestation, the bail application of the court is rejected”.
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