Sumbal Sexual Assault Case: Scientific Evidence Confirms Rape 

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SRINAGAR — The oral testimonies and scientific evidence substantiated the rape of a 3-year-old girl from Malikpora, Sumbal, police said on Saturday as it filed charge-sheet against the accused, 17 days after the gruesome incident.  

A police spokesman said a written complaint was received by police station Sumbal from a person, stating that her niece (name withheld) was taken by a person namely Tahir Ahmad Mir of Tirgam and took her inside Government Middle School and assaulted her.

Acting on the complaint, the spokesman said, a case FIR (No. 81 /2019) was registered in police station Sumbal, and the accused person was apprehended. The victim was referred to SDH Sumbal for medical examination and from where she was referred to JVC Hospital Srinagar.

Police had constituted a special investigation team (SIT) comprising of SDPO Sumbal, SHO PS-Sumbal and Sr. PO on 11 May to probe the incident. 

The medical examination of the victim was conducted and the material evidence was collected from spot and sent to FSL Srinagar. 

“The oral testimonies and scientific evidence substantiated the charges leveled against the accused person and today the chargesheet has been filed in special court of District and session judge Bandipora under section 5(m) and 06 of POCSO besides RPC sections of 363 (kidnapping) 342(wrongful confinement), 376 (rape),” the spokesman added. 

Section 5(m) reads: “Whoever commits penetrative sexual assault on a child below 12 years )” and Section 6 (Punishment for aggravated penetrative sexual assault): whosoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment which shall not be less that 12 years but may extend to imprisonment for life and also be liable for fine  

Police have already arrested the accused person—Tahir Mir—on the charges of raping the minor girl. A medical examination of the accused was also conducted which revealed he was not a minor.
Widespread protests broke out across Kashmir and one of the protesters was killed in clashes with government forces in Pattan area of north Kashmir.

Last week, the Jammu and Kashmir High Court directed Inspector General of Police, Kashmir to ensure that the investigation was conducted “strictly in accordance with the law.”

The court also issued direction to the Member Secretary, J&K State Legal Services Authority to place before the Court an action plan and proper guidelines and protocol to ensure linkage between the police stations and the offices of the Legal Services Authority in order to address among others supply of information regarding any case of sexual violence immediately by the police authorities to the legal services authorities.  

The Jammu and Kashmir State Legal Services Authority earlier this week released Rs 1 lakh as an interim relief to the minor rape victim in north Kashmir’s Bandipora district. The amount was released under J&K Victim Compensation Scheme, 2013, an official spokesperson said.

The court also directed the Director Information Department of J&K to place before it the report regarding the measures taken in terms of Section 44 of J&K POCSO.  

 
 


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