Justice M.K Hanjura of J&K High Court Jammu Wing on Wednesday quashed the bail order of Masooma Bibi, passed by the 1st Class Judicial Magistrate R S Pura in the kidnapping and rape case of a minor, and directed the SSP Jammu to take custody of the accused. The court also directed Registry to place this order before the Chief Justice for initiating appropriate action as deemed fit against the Judicial Magistrate concerned so that the faith of the people on the temple of justice is not shattered and eroded.
The court directions came in a petition filed for seeking the quashment of bail order of aforesaid accused.
Justice Hanjura observed that the Prosecuting Officer (PO) and the Incharge ASI Police Station R.S. Pura (IO), have suppressed a material fact in the objections filed and the report submitted before the Court. “They have not stated anywhere in the objections and the report that in her statement recorded prior in point of time, the prosecutrix has accused the accused/respondent of compelling her to submit herself to the sexual lust and desire of three persons, who subjected her to forcible rape for a long time. This serious lapse on their part requires a thorough probe. Therefore, it is a fit case where an inquiry should be conducted against the PO and ASI Ghulam Nabi (IO) concerned to find their culpability”, the court observed.
Justice MK Hanjura directed Registrar (Judicial) of this wing of the High Court to forward a copy of this order to the DGP J&K Police for conducting an inquiry into the conduct of the afore-named Officers and report before this Court the result of the inquiry and action, if any, taken against them preferably within a period of four weeks.
“It is a beastly and an abhorrent act, in which, the accused is prima facie found to have abetted and facilitated the commission of the offence of rape on a girl of tender age, that too, by a gang of persons for about 20 to 22 days. It is she, the accused/respondent, who appears to have offered her some substance forcibly by which she lost her consciousness. It is she, who compelled the prosecutrix to submit herself to the sexual lust of a number of persons that too for a long time when she was just fifteen years of age. It is she who stripped the prosecutrix and pushed her into a forcible marriage. The concerned Magistrate appears to have tried to remain oblivious of these facts although it is she, who recorded the statement of the prosecutrix on September 15, 2017, in which the prosecutrix stated that she was subjected to rape by a battery of persons for about 20 to 22 days. The IO submitted his report in the bail application on September 18, 2017 but he did not bring it to the notice of the Court that the prosecutrix has been subjected to gang rape and the accused/respondent has facilitated this detestable and abhorrent crime. The PO also maintained a complete silence on this aspect in his objections filed before the Court,” the Court observed adding it appears that she has suffered at the hands of the Magistrate, the PO and the IO, as the forgetfulness of such a dastard act on their part appears to be selective.
The Court further observed that there was no reason to admit the accused/respondent to bail. “Invoking the jurisdiction of the Court under Section 561-A CrPC, the impugned bail order is quashed as a corollary to which, the accused/respondent shall be taken into judicial custody by SSP Jammu, who shall file a compliance report on that count”, the court observed.