RASHPAL SINGH Vs. STATE OF J & K

JUDGEMENT

(1.) This is a Bail Application.

(2.) On a charge-sheet filed in FIR No. 22/2015 of Police Station, Gharota, the petitioners are facing trial for commission of offences under Sec. 366, 376-D, 506 and 201 RPC and 4/25 Arms Act in the court of learned 3rd Additional Sessions Judge (Fast Track Court), Jammu. Charges against the petitioners have been framed by the trial court on 28.09.2015 and by the time of filing of this application, evidence of some of the prosecution witnesses including the prosecutrix have been recorded. The petitioners are in judicial custody and the learned trial court by its order dated 01.12016 has refused to release them on bail. The petitioners have, therefore, approached this court.

(3.) Prosecution case is, precisely, that on 05.02015 the prosecutrix, a lady aged 40 years, was on her way to the house of her uncle. When she reached near Village, Ratti Chappdi, the petitioners and another, namely, Balwant Singh reached near her by a Balero vehicle bearing registration No. JK02AJ-3559. They stopped their vehicle and asked the prosecutrix to come inside. On her refusal they forcibly pulled her into the vehicle. They attempted to compel her to submit herself for commission of sexual intercourse by them, brandishing a weapon called 'Khokri'. On her refusal, they drove the vehicle to an isolated place in bushes where they brought out a mat from the vehicle, spread it on the ground, made the prosecutrix to lie on the said mat and committed rape on her one after the other. After committing rape on her, they threatened her with dire consequences if she narrates the incident to anyone and left the scene. The prosecutrix returned to her house and reached there at 7 PM. She narrated the whole story to her mother-in-law and after that they approached Police Station, Gharota, where they reached at 8.30 PM. The SHO of the Police Station was not available at the Police Station and the other police personnel asked her to come on the next day. On the next day, she filed a complaint in the court of the Chief Judicial Magistrate, Jammu and the FIR was then registered in terms of Sec. 156 (3) Crimial P.C. 1973