By M Ahmad
Srinagar- A fast track court here has rejected bail application of one of the accused in gang rape of a minor girl in Panthachowk area here last year.
The accused, R Farooq Lone, had sought bail on the health grounds but the Presiding Officer of Fast Track Court For POCSO cases Srinagar, Aarti Mohan, said that concerned Superintendent jail can be directed to provide adequate medical treatment to him in case required.
According to prosecution, on 21 September 2022, a man filed complaint with police station Panthachowk, stating that four persons subjected his 15-year-old daughter to sexual assault. The complainant further submitted that his daughter knew one of the accused who had developed friendly relationship with her and took some photographs also. Later on his daughter was blackmailed. The complainant said that the person along with other accused called his daughter to Khonmoh area on the pretext of deleting the photos. However, when his daughter reached the place of meeting she was sexually assaulted by those four persons and after a month his daughter told him about the same incident.
Accordingly, the prosecution said, a case (FIR No. 96/2022) under section 376-D, 506, section 3/4 of POCSO Act was registered. After the completion of investigation, police filed charge-sheet under section 376-DA, 392, 354 (C), 352, 342, 506, 120-B IPC, section 5/6 of POCSO Act, 67 B(e) IT Act on 15 December 2022.
“In the instant case also, the accused has been charged for commission of offence u/s 5/6 of POCSO Act besides other offences under IPC therefore section 29 of the same would be triggered against him and the presumption of innocence is not available to the accused,” said the court.
“Without going into the merits of the statement, lest it may prejudice the accused in any manner, it is sufficient to say that the victim has supported her earlier statement recorded u/s 164 Cr.P.C in material particulars,” the court said, adding, “The accused has not brought forth any circumstance which would convince this court that the presumption which has arisen against him stand rebutted in any manner.” Subsequently the court rejected the bail application of one of the accused.
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