Srinagar: The High Court of Jammu and Kashmir and Ladakh on Monday held that the offence of rape under Section 376 Indian Penal code is a heinous crime which cannot be viewed with leniency.
Justice Mohd Akram Chowdhary while rejecting an anticipatory bail plea of accused Asif Ahmad Beigh recorded that sexual assault not only causes physical injuries but leaves a scar on the most cherished dignity, honour, reputation, and chastity of a woman.
“Courts, therefore, are expected to deal with such cases with utmost sensitivity,” Justice Chowdhary said.
The court said it needs to be borne in mind that during preliminary investigation, the accused has been held prima facie guilty for the commission of offence punishable under Section 376 IPC.
“It would be only after the conclusion of trial that the opinion about guilt or otherwise of the accused can be formed,” the court pointed out.
Justice Chowdhary said that with regard to the stage of investigation and gravity of offence, the case for grant of bail, in anticipation of arrest, is not made out in favour of the accused.
“Resultantly, application for bail merits rejection, and is, accordingly, rejected,” the court held.
The anticipatory bail plea was filed by the accused apprehending his arrest in case FIR No.33/2021 registered with the Women’s Police Station, Rambagh, Srinagar, for the commission of offence under Section 376 IPC.
It was stated before court that the accused had been falsely implicated with the object of injuring and humiliating him by his arrest.
His further contention was that the allegations levelled against him were without any basis and were vague.
The status report, on behalf of the respondent, was filed in the instant application, wherein it is contended that during the course of investigation, the victim had been medically examined and her statement had been recorded under Section 164-A CrPC before the court of 3rd Additional Munsif, Srinagar.
As per her statement, the accused was allegedly involved in the commission of offence punishable under Section 376 IPC.
It was further stated that a search operation by the police is on to nab the absconding accused who is evading arrest.