1972 Supreme(J&K) 95
MUFTI BAHA-UD-DIN FAROOQI
Jawaher Barua – Appellant
Versus
State – Respondent
Advocates Appeared:
Advocate For Appellant: M.A. Beg
Advocate For Respondent: A.K. Malik
1. This is an application by one, Jawaher Barua, praying that he be enlarged on bail pending his trial before the Sessions Court, Srinagar on charges under sections 376, 366 and 363 R. P. C. The prosecution case, briefly stated, is that the prosecutrix, Neta Gaind is a resident student of the Government Womens College, Srinagar and that on October 4, 1972 at about 4-15 P. M. the accused met her en-route from her uncles house to the College Hostel and induced her to accompany him on the false pretext that her brother had arrived in Srinagar and was waiting for her at the Tourist Centre. He thence carried her in a Taxi Car to a house-boat and when questioned by her how that was so, he told her that the house-boat was being occupied by her brother who was due to come there shortly. Eventually the accused, however, detained her up to October 6, 1972 when she was rescued by the police and meanwhile committed sexual intercourse with her against her will.
2. By his order dated October 26. 1972 the Chief Judicial Magistrate, Srinagar. has committed the applicant on the aforesaid charges to stand his trial before the Court of Sessions, Srinagar. The learned Magistrate has based his order o
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