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| Rassana rape, murder case Bail denied to minor accused | | | Early Times Report
Jammu, Apr 24: CJM Kathua Amarjeet Singh Langeh rejected the bail application of minor allegedly involved in much publicized Kathua murder and rape with a minor.
CJM Kathua Amarjeet Singh Langeh after hearing CPO Vikrant Sharma with Senior Prosecuting Officer Manmohit Sharma for the State whereas Adv Bharat Bushan Bargotra for the accused observed that the State resisted claim of petitioner on the grounds that petitioner is involved in FIR No. 10/2018 for offences under sections 363, 343,302,376,120-B of RPC; that petitioner is involved in kidnapping, rape and murder of a minor girl; that on facts petitioner is not entitled to bail; that petitioner is not juvenile and his age is more than 19 years as opined by Medical Board constituted for his age determination during investigation; that offences attributed to petitioner are heinous and reprehensible.
CJM Kathua Amarjeet Singh Langeh after hearing both the observed that following an inquiry conducted in file no. 317/misc and vide order dated 27-03-2018 passed in said file, petitioner was found to be less than 16 years of age as on 27-03-2018. Being less than 18 years of age as on date of occurrence in question, petitioner thus is a "juvenile" as defined under J.J. Act. This is one aspect.
Court further observed that it is also required to be noted that courts must be sensitive in dealing with a juvenile who is involved in heinous cases like, rape, gang rape, murder etc. The criminal act attributed to petitioner herein, by all conceivable standards seems to be prima facie a grave and heinous criminal activity and not a " juvenile offending."
Court further observed that background of petitioner as mapped out in the charge sheet is also ex-facie intriguing. Observation Home therefore is a place where petitioner can receive developmentally appropriate dispositions for his reform.
Court further observed that an analogy between grant of bail and complete exoneration from, "criminal indictment " is fallacious in wholesome. Like wise, to equate denial of bail upfront with "proved complicity of an offender" in alleged crime is equally preposterous. Traction of an un-informed opinion on this count in sensitive cases only proliferates evil consequences, Court observed.
With these observations CJM rejected the bail application. |
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