Srinagar- A court here has rejected bail application of one of the accused persons in the alleged gang rape of a 13-year-old girl in Bemina area of Srinagar last year.
The accused, Irqan Ahmad of Budgam, had sought the bail on the grounds that his sister is getting married and there is no one in his family who could fulfill all the necessary requirements with regard to the marriage ceremony.
The Public Prosecutor opposed the bail plea, saying that the accused has been charged under sections 363, 376- D, 109 IPC and 3, 4, 16, 17 POCSO Act which are heinous in nature.
The accused, he said, is involved in an offence of gang rape to minor girl of 13 years of age and that the victim in her statement has categorically stated that she has been kidnapped by four accused persons and the Irqan was her friend. The Public Prosecutor said that by virtue of her statement before the court, a prima facie case stands established against the accused as there is presumption under section 29 and 30 of the POCSO Act. Moreover, he said, if the accused is admitted to bail it would go against the interest of the society and there is also apprehension that the accused will jump over the bail.
“Perusal of the file reveals that the accused is involved in a heinous offence and has been charged for the commission of offences u/s 363, 376-D, 109 IPC and section 3/4 and 16/17 of POCSO Act which are non-bailable,” Aarti Mohan, Presiding Officer Fast Track Court For POCSO Cases, Srinagar, said
“As such the accused is not entitled to concession of bail. The learned counsel for applicant has also failed to make out any exigency which would compel this court to grant interim bail to the accused person,” the court added.
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