Excelsior Correspondent
JAMMU, Apr 24: Principal Sessions Judge Kathua M K Hanjura today rejected the bail application of one Ravinder Pal, son of Ram Pal of Chhan Arorian, who was facing trial in minor’s rape case.
According to the police case, on December 6, 2012 the accused sexually assaulted the prosecutrix aged about 11 years at her residential house situated at Dhani Kathua. At the time of committing the crime the accused was under the influence of liquor.
After hearing Advocate Kirti Bhushan appearing for the petitioner whereas Public Prosecutor Ravi Kumar Gupta for the State, Principal Sessions Judge observed, “although the period of custody is a relevant factor in determining the question of the grant of bail but the totality of circumstances and the social concern has to be kept in view in juxtaposition of individual liberty”, adding “the law is that the concept of liberty is not in realm of absolutism but is a restricted one. No element in society can act in a manner by consequence of which life or liberty of others is jeopardized”.
“The definition of the crime has to be understood in the context of the society. A minor girl is alleged to have been raped by the petitioner. This has changed the entire dimension 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”, the Court said.
“The contention of the counsel for the petitioner that the hymen of the prosecutrix is reported to be intact and therefore the petitioner appears to have been involved falsely in a row is a specious argument. Elaborate documentation, however, is not required in bail petition”, Principal Sessions Judge said, adding “suffice it to say that for an offence to constitute rape it is not necessary that the hymen should be torn. A pandentic view of the matter cannot be had in the instant case taking into consideration the peculiar circumstances under which the crime has been committed”.
“The alleged act is a dastard and a diabolic one that sends shivers down the spine of every one. Therefore, the discretion of the grant of bail cannot be exercised in favour of the accused even if it be assumed that he will not jump bail. No compelling reason has been agitated in the application”, the Court said and rejected the bail application of the accused.
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