Observing that the act of accused cannot be treated to be an act which can be doubled as a mistake, Budgam court Friday rejected the bail application of a man accused of committing rape.
After hearing prosecution and defence counsel on the bailapplication moved by accused Gulzar Ahmad Kooli, Chief Judicial MagistrateBudgam Muhammad Amin Mir said: “By showing misplaced sympathy to the accused,who has committed an offence like rape, victim prosecutrix and the society isdenied justice which cannot be the intention of the law.”
The court observed concept of justice lies at the heart ofmoral philosophy, where righteousness, fairness and truth are the basic valuesand it should include people from all walks of life.
“Therefore, it is safe to conclude that well being of thecommunity take precedence over the liberty and injustice would always bepursuit of justice,” the court said.
“Once a minor becomesvictim of offence of rape, offences left alone heinous offences like murder orrape, society craves and cries for justice. By showing misplaced sympathy tothe accused, who has committed an offence like rape, victim prosecutrix and thesociety is denied justice which cannot be the intention of the law,” courtsaid.
Court observed that accused in the present case whilecommitting rape cannot be treated to be an act which can be doubled as amistake committed “but to satisfy his lust while demonstrating his pervadesexual behavior. It is an act motivated with passion to ravish somebody’smodesty and treat the prosecutrix as a chattel which not only is a shameful actbut has the tendency to send shock waves across the society.”
“The application merits rejection is accordingly rejectedand dismissed,” court said.