STATE TIMES NEWS
JAMMU: Kishore Kumar Presiding Officer Fast Track Court, constituted to deal with the cases related to women, rejected the bail application of one Khadam Hussain S/o Mohd Sharief R/o Ranjari Mohra, Rahya, Tehsil Vijaypur, District Samba.
The prosecution story in brief is that on 10.11.2015, Lal Din S/o Nizam Din has filed a written report in police station, Arnia stating therein that on 31.10.2015, when he and his wife were outside for visiting a doctor at Ramgarh and when they returned back home, her daughter namely Noor Jahan was not at home and after searching for her, they came to know that one Khadam Husain had kidnapped her daughter in his vehicle and had kept her at some unknown place. It is further stated in the application that accused Khadam Hussain is a very dangerous person and he usually indulge in selling of girls and has prayed for taking action against him. On this report, FIR NO. 75/2015 for offences under sections 363, 341 RPC was registered and after completion of the investigation 376 was added.
Kishore Kumar Presiding Officer Fast Track Court, constituted to deal with the cases related to Women observed that there is no denying the fact that liberty of an individual is precious and is to be zealously protected by the courts and nonetheless, such a protection cannot be absolute in every situation. The valuable right of liberty of an individual and the interest of society in general has to be balanced. Court further observed that liberty of a person accused of an offence would depend upon the exigencies of the case. The individual is restricted by larger social interest and its deprivation must have due sanction of law and in an orderly society individual is expected to live with dignity having respect of law and also giving due respect to other rights and rape against the women in country which has raised a concern about their safety and security and for this reason, Court thinks rape offences constituted a class apart and need to be visited with a different approach in the matter of bail. Such offences are required to be viewed seriously and considered as grave offences affecting the society as a whole and thereby posing serious threat to the public sentiments. Court further observed that from a careful consideration of the statement of prosecutrix recorded under Section 164-A CrPC. With these observations Court rejected the bail application.
