The High Court of Jammu & Kashmir and Ladakh has remarked that "violent crimes against women and children are on the rise, and therefore, courts should not show any leniency to persons booked for such crimes".

Justice Mohan Lal denied bail to a man who has been in jail since June 2021 for raping his neighbour's 10-year-old daughter. In the order, the Court said that no woman would put her character at risk by falsely implicating a man for raping her own minor daughter.

The court held in the order that "...rape is the most hated crime in the society which leaves a scar upon the most cherished personality of a victim, and, therefore, no self-respecting woman would normally concoct a story of rape".

The Bench added that leniency in matters involving sexual offences is not only undesirable, but is also against public interest.

The High Court said that "Courts cannot loose sight of the fact that crime of violence upon women and minor children are on increase and therefore the perpetrators of the crime must be dealt with iron hands...Showing leniency in such matters would be really a case of misplaced sympathy. The act of accused is not only shocking, but outrageous in contours. Granting of bail to him would lead to the danger of the course of justice being thwarted..."

The court also observed that such an act leaves an indelible scar on the victim's dignity, chastity, honour and reputation in society, and granting the accused bail would shake the confidence of the people at large.

While dismissing the bail, the court said that "More severe the punishment is, more are the chances of the accused to abscond during to the trial or flee from justice if released on bail. There is every danger that he will abscond or flee during trial if enlarged on bail".

Case Details:-

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Bail App No. 416/2021

Sunil Kumar v. UT of J&K