Srinagar- A local court in north Kashmir’s Kupwara district on Wednesday rejected bail application of a woman, who is accused of aiding sexual assault of her own minor daughter.
According to a local news agency KNS, the counsel for the accused woman had sought bail on the ground that she was innocent and there were contradictions in the statements of witnesses recorded during the trial.
However, learned assistant public prosecutor, Dar Rashid objected that plea of the accused for his enlargement on bail is groundless as the minor victim in her statement recorded under section 164 has expressly deposed that her mother is involved in the crime in question, and she has aided the accused in inflicting rape on her.
He argued that the minor victim according to her statement was drugged before sexual assault and the charges levelled against the accused are disgraceful, and heinous in nature.
He further argued that mere contradictions in the statements of the witnesses don’t give absolute right of bail to the accused as the victim was below 16 years of age at the time of the commission of the crime.
After hearing the arguments, presiding officer of POCSO court, Khem Raj Sharma withheld the discretionary relief of bail to the applicant and said that the reverse burden contemplated under section 29 of the POCSO Act must not only be strictly complied with but also may be subject to proof of some basic facts as envisaged under the statute.
He observed that it cannot be decided at this stage that the prosecution story is doubtful.
Notably, On August 21, 2020, a minor girl had alleged that she was raped by a man, who was aided by her mother.
Following the allegations, police registered a case under sections 376, and 109 of IPC and 4 and 17 of the POCSO Act at police station Kupwara.
Man Given 3 Yrs In Jail For Sexually Assaulting Minor
A court here has sentenced a man to three-year imprisonment for sexually assaulting a minor girl, a police spokesman said on Wednesday.
The court also imposed fine on the convict.
Yasir Hussain, a resident of Drabshalla, was sentenced to undergo rigorous punishment for three years under Section 8 (punishment for sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act and for two years under Section 354 (using criminal force to outrage modesty of any woman) of the IPC, the spokesman said.
Both the punishments shall run concurrently, the spokesman said, quoting the order.
He said the case against the accused was registered on June 26 last year on a complaint by the family of the girl at the Doda women police station.
Follow this link to join our WhatsApp group: Join Now
Be Part of Quality Journalism |
Quality journalism takes a lot of time, money and hard work to produce and despite all the hardships we still do it. Our reporters and editors are working overtime in Kashmir and beyond to cover what you care about, break big stories, and expose injustices that can change lives. Today more people are reading Kashmir Observer than ever, but only a handful are paying while advertising revenues are falling fast. |
| ACT NOW |
| MONTHLY | Rs 100 |  |
| YEARLY | Rs 1000 | |
| LIFETIME | Rs 10000 | |
