Srinagar: A court in the city today rejected the bail application of one of the accused in the gang rape of a minor girl in Panthachowk last year.
On September 21, 2022, a man had filed complaint with police station Panthachowk, stating that four persons subjected his 15-year-old daughter to sexual assault, says the police.
The complainant submitted that his daughter knew one of the accused who had developed friendly relationship with her and took also her photographs. Later on his daughter was blackmailed, says the complainant.
It further 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 the four persons. After a gap one month the daughter told her father about the incident.
Accordingly, police 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 Aarti Mohan, Presiding Officer Fast Track Court for POCSO cases Srinagar.
“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.
