HC Rejects Bail To Budgam Man Accused Of Raping 9-Year-Old 

SRINAGAR — The Jammu and Kashmir High Court has rejected bail application of a rape accused from central Kashmir’s Budgam district who has been under detention July 13 last year. 

A bench of Justice Rashid Ali Dar rejected the plea of Mohammad Shafi Sheikh against rejection of bail to him by Principal Sessions Judge, Budgam.  

Based on a complaint by the girl’s father, police registered an FIR and launched investigations. 

According to girl’s father, the accused had gagged the mouth of his daughter and forcibly took her to a nearby Brick Kiln L-711 and committed a rape upon her. 

The father said that the incident was narrated by the victim herself to him on her return to home. Accordingly FIR No. 166/17 was lodged and investigation swung into motion. “During and in course of investigation, medical examination of the victim was carried out at District Hospital, Budgam and medical opinion was procured. Statements of witnesses were recorded u/s 161 Cr. PC. The Crime scene was examined and scanned and accordingly site plan was drafted,” the police said, adding, “The torn clothes of the victim were also seized. The statement of victim was also recorded under Section 164-Cr. P. C”. 

Accordingly, the accused was arrested and also his potency test was carried out which was found to be positive, police said. Later on challan was accordingly presented before the competent court and as such the accused is facing trial in accordance with due process as established by law. 

According to prosecution, before granting of bail, the accused has to come out of the rigor of Section 497-C Cr. PC which shifts the burden of proof on to the accused. 

After hearing counsel for the accused and the state, the court observed: “It is an admitted feature of the prosecution case that the victim allegedly subjected to sexual aggression is a minor of 9 years of age. The version is tendered by her immediately after the alleged occurrence.” 

The court added: “The outline of allegation has been reiterated before the Magistrate in the statement under Section 164 A Cr.PC. Said version is reiterated before the court when her statement has been recorded as a prosecution witness. It is in this version that accused had gagged her mouth, torn her frock and trouser and had also undressed himself and then committed “Naijaiz”. 

The court, the bench said, is required in terms of Section 497-C Cr. PC, while considering the plea of bail, the reasonable grounds for believing the accusation against such person are not true. 

“Having regard to the definition as has been inserted by way of amendment to Section 375 RPC , the argument that there have not been penetration as is been evidenced by the Medical Officer would not be sufficient to opine that the case has been carved out for grant or bail.” The plea thus raised on behalf of the accused melts into insignificance, the court said and according  dismissed his plea. 

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