HALEEMA SADIA Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) Prosecutrix-petitioner seeks quashment of the orders dated 24th October, 2013 and 25th October, 2013 passed by the Court of Additional Sessions Judge, Rajouri, whereunder respondent No. 3 in respective petitions have been granted bail. Case has been registered as Crime No. 476/2013 P/S Rajouri for commission of offences punishable under Section 366, 376 and 109 RPC. Respondent Mohammad Zubair is alleged to have kidnapped the prosecutrix and thereafter sexually assaulted her against her will whereas respondent Talib Hussain, co-accused, is stated to have instigated the commission of crime. Investigation of the case has established that the respondent Mohammad Zubair has committed the offence punishable under Section 366, 376 RPC whereas respondent Talib Hussain to have committed offence punishable under Section 109 RPC.

(2.) Learned Additional Sessions Judge after noticing the peculiar facts and features of the case has exercised discretion in favour of the accused by admitting them to bail. Dissatisfied therewith, petitioner-prosecutrix has sought quashment of the same by projecting that the exercise of discretion by learned Additional Sessions Judge in favour of the accused amounts to abuse of the process of law.

(3.) Learned counsel for the petitioner would contend that the offence committed is against the society. Such type of criminals are not to be shown any type of leniency. Keeping in view the gravity and seriousness of the offence, which has the effect of shaking conscience of the society, the Court was required to be loath in exercising discretion in favour of the accused.