A local court here on Thursday canceled the interim bail of a rape accused on the charges of harassing the victim and pressuring her to withdraw the case against him.
Khalid Habib Hajam s/o HabibullahHajam of Brainal village of Qazigund who is accused of abduction and rape of a fourteen year old minor school going girl was granted bail in February this year.
However, the family of the rape victim filed a complaint of harassment with police station Qazigund accusing Hajam of criminal intimidation and harassment.
Subsequently, police booked him further in case FIR no. 63/2019 US 354 D/341/RPC.
Consequently, the victim family approached the court of additional district session judge Anantnag with a plea that the bail of the accused be canceled.
The application was admitted and the government in turn appointed Advocate Syed SuhailHaqani as special public prosecutor.
During the course of arguments, the counsel for the complainant as well as the special PP argued in favor of cancellation of interim bail granted to accused for violating the terms and conditions put forth.
“The accused has ruined the life of the victim and spoiled her educational career after getting this concession. He is even harassing the victim by forcing her to withdraw the case against him,” they stated.
The counsel for the accused, however, termed the charges against him as a conspiracy aimed at cancelation of interim bail.
He argued that four months on, the chargesheet into the case is yet to be filed and that the FIR is not a substantial piece of evidence to prove the guilt of the accused.
“The accused should be afforded an opportunity to prove his innocence through a proper trial,” he said while praying for upholding his bail.
After hearing both sides, the additional district sessions judge, Khalil Ahmad Chaudhary, passed the order of canceling the interim bail of the accused.
“The accused is already involved in a heinous offense which if proved after the culmination of the trial would involve the punishment of ten years or even life imprisonment. The interim bail has been granted with certain conditions. However, the police report indicates that the individual liberty of the victim has got curtailed with the accused obstructing her way to school besides taking criminal recourse with intent to outrage her modesty,” the judge observed.
“In these circumstances, I am not inclined not to extend the concession of bail any more in favor of the accused as it would thwart the course of justice. The case laws produced by the counsel of the accused are not coherent with the facts and circumstance of the present case. So, the application seeking cancellation of interim bail in favor of the accused is allowed and the interim bail granted in favor of accused is canceled,” the judge ordered.