Court rejects bail of BSF jawan allegedly involved in POCSO case

13/05/2020

Jammu, May 12: Principal Sessions Judge Jammu Sanjeev Gupta rejected the bail application of one Ram Niwas posted as Quarter Master in 89 BN BSF Karangi Akhnoor who was facing trial in POCSO.
Principal Sessions Judge Sanjeev Gupta after hearing Public Prosecutor Kulbushan Sharma for the prosecution whereas Adv Suresh Kumar for the applicant through virtual mode observed that As per the allegations made against the applicant-accused in the charge sheet it transpires that on 4.11.2018 at around 1900 hours, applicant-accused taking advantage of the absence of parents of the victim in their residential Government quarter in BSF Campus Akhnoor, who were away to the market, made a trespass into the house of complainant and sexually assaulted his minor daughter aged about 14 years. The report about the occurrence was lodged by the complainant to his commanding officer on 05.11.2018 and the matter was investigated under the provisions of BSF Act and Rules. The departmental inquiry found the involvement of the applicant-accused in the commission of the offence. Thereafter, the competent authority has recommended suitable action against the applicant-accused for sexually assaulting the victim. However the report about the occurrence was lodged to the police on 16.05.2020 by the Commanding Officer 89 Bn BSF, Akhnoor, Jammu & Kashmir, as one of the offence committed by the applicant-accused comes under the J&K Protection of Children from Sexual Violence Ordinance, 2018 (POCSO). After the investigation by the police, final report u/s 458/354 RPC, 9 POCSO was filed in this Court on 07.04.2020 against the applicant-accused. The arguments on charge/discharge are yet to be addressed by the rival parties.
Court after considering the arguments addressed by the Counsel for the applicant-accused and PP through Virtual Mode and after carefully going through the allegations made in the charge sheet besides considering the statements of victim and other witnesses recorded u/s 164A CrPC and u/s 161 Cr.P.C, prima facie, it establishes that applicant-accused has committed the offence with which he has been charged. Considering heinous anti-social crime and the provisions of POCSO Act, the applicant-accused do not deserve the concession of bail. Moreover, the case of the applicant-accused does not fall under the category of cases mentioned in order dated 01.04.2020 passed by the High Power Committee regarding release of undertrial prisoners on interim bail. With these observations Court rejected bail application.

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