‘Court finds serious doubt on the claim of prosecution story’
Srinagar: The High Court of J&K and Ladakh grants bail to one person accused of rape and false promise of marriage after entering into a relationship with a woman.
The Court of Justice Sanjay Dhar while granting bail to one Sameer Ahmad Padder recorded that from the perusal of the case it appears that the prosecutrix is well grown up lady and has entered into the relationship with the accused with consent.
Justice Dhar said that the the prosecutrix in her statement recorded under Section 164 of the criminal procedure code has stated that when the petitioner having committed sexual intercourse with her several times, refused to marry her, she snapped her ties with him. She has narrated in her statement that even thereafter she developed relationship with the petitioner once again.
“Prima facie, this conduct of the prosecutrix castes a serious doubt upon her claim that the petitioner committed sexual intercourse with her on the basis of a false promise of marriage. Her aforesaid conduct, prima facie, shows that her consent to sexual intercourse with the petitioner, who is a young boy, was not in consequence of a misconception of fact arising from his promise,” Justice Dhar said.
Court noted that at this stage it cannot be stated with certainty as to what was in the mind of the prosecutrix when she consented to have sex with the petitioner.
“However, there is material on record to suggest that she was deeply in love with him and because of the young age of the petitioner, the marriage between the two could not mature,” court said.
Court also noted that the veracity of the charge laid against the petitioner, prima facie, appears to be doubtful. Apart from this, the petitioner has been in custody for the last more than one year and the chargesheet has already been laid before the trial court and the trial is in progress.
“Thus, a prima facie case for grant of bail is made out in favour of the petitioner,” court said.
“Accordingly, the petition is allowed and the petitioner is admitted to bail in FIR No.25/2023 for offence under Section 376 IPC IPC of Police station Qaimoh, subject to the following conditions:
(I) That he shall furnish bail bond/personal bond in the sum of Rs.50,000/ with one surety of like amount to the satisfaction of the learned trial court;
(II) That he shall appear before the trial court on each and every date of hearing
(III) That he shall not tamper with the prosecution witnesses;
(IV) That he shall not leave the territorial limits of Union Territory of Jammu and Kashmir without the prior permission of the trial court.
“Anything said in this order shall not be taken as an expression of opinion on merits of the case,” court directed.
Earlier on 20 March, 2023, the prosecutrix, aged about 26 years, lodged a written report with the police alleging therein that she has love affair with the accused for the last more than one and a half years. It was further alleged that the accused has committed sexual assault upon her on false promise of marriage and now he is refusing to enter into wedlock with her. On the basis of this report, the police registered FIR No.25/2023 for offence under Section 376 of IPC and startd investigation of the case.