Takes note of statement of the ‘victim’ where she refuted prosecution’s charge; said she earlier spoke ‘under duress’
Srinagar: A court in Srinagar has granted bail to a youth, nine months after he was arrested on charges of kidnapping and raping a girl.
“High Court of J&K in (the) case titled Haji Mohd Jaffar Vs State of J&K has held that court is duty bound to accord consideration to evidence recorded or proposed to be recorded in the case while considering the bail application of the accused,” the court of 2nd Additional Sessions Judge Srinagar said. A local news agency GNS reported that the court has gone through statement of the prosecutrix. “She has stated that she has gone with the accused at her own and neither she was enticed or eloped by the accused. Even she has stated that the accused has done nothing wrong with her so far as offence under section 376 RPC (rape) is concerned,” the court said while granting bail to the accused – Muzaffar Ahmad Chapri, a resident of Dalgate Srinagar. He was represented by advocates Mustahsun Mattu and Tariq Jan before the court.
The girl also told the court that whatever she has stated in her statement under 164-A CrPC with regard to commission of rape was under “duress of the police”. Beside rape, Chapri was also accused by kidnapping the girl.
“Here in this case, the prosecutrix who is the star witness of the case has turned hostile and she has given clean chit to the accused to the extent of his alleged complicity in the offence” the court said, adding, “In the back drop of the statement of the prosecutrix, his further incarceration is unwarranted.”