Court denies bail to accused in elderly tourist’s alleged rape

Srinagar, Jun 27: A Court in Anantnag Friday denied bail to a youth accused of sexually assaulting an elderly tourist from Maharashtra during her stay in a hotel in Anantnag district’s Pahalgam area earlier this year.

Principal Sessions Judge Anantnag, Tahir Khurshid Raina rejected the bail application of the accused, Zubair Ahmad of Ganeshbal Pahalgam.

“I do not find any of the ground pleaded in the application and arguments advanced by the counsel for the accused to influence the judicial conscience of this court to describe the incarceration of the accused as legally unsustainable and unwarranted at this stage of the investigation, which is even yet to culminate into a charge sheet,” the court said while rejecting the bail plea.

Before parting, the court put on record its remarks on the unfortunate incident, as it said the society speaks through the judge.

The Court expressed its concern over the alleged incident saying “it is highly unfortunate, condemnable by all possible words , and ought to have jolted the conscience of this society which claims its moorings to be based on rich ethical values and culture but now stands shaken to the hilt”.

“A revered guest, who was a senior lady was on her visit this land of saints and seers, was treated so shabbily and shockingly that for all times to come, she will have remorse over the choice of place she made to spend a period of her old age days with her children”.

The Court observed that it was not an isolated act to be ignored, but a reflection of a highest degree of depravity and sick mentality prevailing in the society which must bow its head down in shame and invites a serious introspection as to what it stood for, and how that has now collapsed.

“This court, which every day witnesses the reflection of the probity level of this society expresses its concern that it is hopelessly getting eroded on various fronts”. “Mere meadows, mountains, lush green fields, forests, springs, rivers, rivulets and gardens will not come to the rescue of Kashmir as a desired tourist destination”, it added.

In his bail plea, the accused had said that he had been falsely implicated in the case and alleged that investigation was not being conducted in a “fair and just manner’.