Excelsior Correspondent
Srinagar, Jan 28: High Court refused to grant bail to an accused involved in rape and murder of a minor girl by recording that at the pre-charge stage the apprehensions to tampering with the witnesses and threat to complainant have to be considered before the grant of bail.
“The petitioner is not entitled to bail at this stage. The instant bail application thus merits dismissal and is, accordingly, dismissed,” Court said.
The accused Ranjit Singh was seeking bail in an FIR registered against him for commission of offences punishable under Sections 305 and 376 The Protection of Children from Sexual Offences (POCSO) Act.
According to the prosecution version, on 27.07.2018 that a lady consumed poison and passed away during treatment at hospital, in suspicious conditions requiring ascertainment of her death whereupon the Inquiry Officer during the course of enquiry is stated to have completed all formalities and handed over the body of the deceased to her legal heirs for performance of her last rites.
Statements of the witnesses are stated to have been recorded and viscera of the deceased sent to FSL for chemical analysis. During the course of enquiry, the deceased has been found to be a minor.
After conducting the enquiry and taking into account the statement of mother of the deceased as also other witnesses inquest proceedings are stated to have been converted into registration of an FIR No. 27/2020 under Sections 376/306 IPC at concerned Police Station and during investigation in the said FIR, statement of mother of the deceased under Section 164 Cr.PC is stated to have been got recorded and on the basis of statements, the petitioner-accused was found to have committed offence under Sections 305/376 IPC read with 3/4 of the POSCO Act.
The court considered the grounds urged by the accused-petitioner for bail was based on the contentions that there is no direct evidence connecting him with the commission of alleged offence and that the offence alleged to have been committed by him are not made out and that the whole case setup against him is based upon circumstantial evidence and the statements of the mother of deceased including one related under Section 164 Cr.PC.
The court after hearing rival contentions of petitioner as also of prosecution side said a minor girl of the age of 16 years has died otherwise than under normal circumstances who allegedly has attributed reasons thereof to the petitioner-Singh while divulging the same to her mother during the last hours of her life on way to the hospital as also allegedly having written the same in her diary.
”The general contentions and grounds urged by the accused/petitioner that he did not commit the alleged offence and that there is no direct evidence connecting him with the commission of alleged offence or that the case of prosecution is based on circumstantial evidence cannot alone be taken into account at this stage”, Court recorded.
The Court concluded that Singh is not held entitled to bail at this stage and dismissed the bail application in view of the plea of applicability of Section 29 of the POCSO Act, urged by the counsel for the prosecution even at pre-charge stage while considering the instant petition. Court, however, has made it clear that any observation made in the judgment shall not be construed to be an expression of any opinion about the guilt or innocence of the accused/petitioner.
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