Srinagar: A court here has granted bail to a 19-year-old youth, accused of raping a girl who told the judge that the police recorded her statement under “duress” and that he did nothing wrong with her.
“The court has gone through statement of the prosecutrix (girl). She has stated that she has gone with the accused at her own and neither she was enticed or eloped by the accused. Even she has stated that the accused has done nothing wrong with her so far as offence under section 376 RPC (rape) is concerned,” observed 2nd Additional Sessions Judge Srinagar while granting bail to the accused—Muzaffar Ahmad Chapri, a resident of Dalgate Srinagar. He was represented by advocates Mustahsun Mattu and Tariq Jan.
She also told the court that whatever she has stated in her statement under 164-A CrPC with regard to commission of rape was under “duress of the police.” Beside rape, Chapri was also accused by kidnapping the girl.
“Here in this case, the prosecutrix who is the star witness of the case has turned hostile and she has given clean chit to the accused to the extent of his alleged complicity in the offence” the court said and ordered Chapri’s release after nine months on bail by furnishing personal and surety bond to the tune of Rs. 50000.
“In the back drop of the statement of the prosecutrix, his further incarceration is unwarranted. The bail entails certain conditions and one among includes that he will not leave the Kashmir province without prior permission of the court. He has also been asked to participate in the trial on each and every date of hearing and that he will not influence the prosecution witnesses in any manner.
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