Court rejects bail of two in POCSO
06/11/2019
JAMMU, NOV 5: Principal Sessions Judge Reasi Kamlesh Pandit rejected the bail applications of Bashir Ahmed and Gulam Quadir who were arrested by the police in rape with minor.
Principal Sessions Judge Reasi after hearing both the sides observed that in this case, the investigation is in progress and other main accused persons who have committed gang rape on the prosecutrix are at large and the present applicants/accused have facilitated the gang rape on the prosecutrix and have also kidnapped the minor prosecutrix from her lawful guardianship.
Though, section 17 of the POCSO Act has not been slapped on the applicants/accused, but prima facie, from the police report and material on record, it is also made out.
The offences alleged to have been committed by the accused persons are very much against the ethos of our culture and against the interest of the public at large. Any sexual assault upon a girl child that too a minor, is termed as most heinous and dastardly acts having social, psychological, physical and emotional repercussions on the life and prospects of a victim.
The new legislation has been enacted with an object to deal with an iron fist on the offenders due to the ever increasing intensity of incidents of sexual violence against the children/minors.
It is also duty upon the courts to fill the link with the objectives of the new legislation called POCSO, therefore, in the facts and circumstances of the case and in view of the above detailed reasons, the bail application filed by the accused person is out rightly rejected.
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