SRINAGAR While as a team of doctors at the Sher-e-Kashmir Institute of Medical Sciences (SKIMS) Medical College Bemina has ruled out penetrative sexual assault on a three-and-a-half year old girl of Bandipora district, the Police, relying on the Forensic Science Laboratory (FSL) report, insists that there were no flaws in the charge sheet of rape filed last week by it against the accused.
Police Station Sumbal had filed an FIR under different provisions of Ranbir Penal Code (RPC) and later Protection of Children from Sexual Offences (POSCO) Act was added amid protests against the May 8 incident.
On Saturday, 25 May, Police filed the challan against the accused, saying the oral testimonies and scientific evidence substantiated the charges leveled against him. The chagesheet 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).
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
In its report dated 16 May, submitted to the investigation officer, the authorities in SKIMS medical college Bemina have stated that there were no marks of injury on any part of the childs body, including on her private parts.
However, police maintained that based on FSL report and other testimonies, a fool-proof case had been established against the accused. The police refused to share details of the FSL report insisted that rape as mentioned in the POCSO Act is established.
Rape is not only an aggravated penetrative sexual assault as per the POCSO and other recent laws. Only those who are not aware of its legal definitions are reporting that the rape in this case had not been confirmed, said an official, according Quint.
Director General of Jammu and Kashmir Police Dilbag Singh maintained that after submission of the challan, it was all sub judice and a matter between the court, the prosecution and the defence. He said it would be inappropriate for the Police to make any statement or react to the reports in social media.
The J&K High Court on Tuesday directed the Director of SKIMS to explain how the medical report of the Bandipora rape victim had been leaked to social media.