Court rejects bail of two in POCSO case

01/06/2021

JAMMU, May 31: Principal Sessions Judge Kathua Jaffer Hussain Beigh today rejected the bail applications of Devinder Singh and Vinod Kumar involved in POCSO.
According to the police report is that on 27/11/2020 the complainant Sudesh Kumar, the father of the minor victim filed a written report before Police Station Billawar with contention that one Neeraj Kumar has kidnapped his minor daughter on 24th Novem-ber, 2020 when she had gone to her School. He went in search of her daughter but in vain. This is the reason that there is delay in lodging the report. Accordingly, the case was registered at Police Station Billawar on 27/11/2020 and the Investigating Officer, SI Satpaul Singh during the course of investigation recovered the victim on 28/11/2020 and got her statement recorded under section 164 Cr.P.C. and also got her medically examined from SDH Billawar. According to his investigation the victim has stated that no one has kidnapped her. The victim even refused to go along with her parents after recording the statement under section 164 Cr.P.C. This is the reason that she was sent to Nari Niketan Social Welfare Kathua by the order of Judicial Magistrate Billawar. On 8/12/2020 the statement of the complainant was got recorded under section 164 Cr.P.C. in which the complainant stated that her minor victim was kidnapped by the accused Neeraj Kumar.
Thereafter, the complainant along with her daughter, the minor victim filed a writ petition before the Hon'ble High Court of Jammu and Kashmir at Jammu and the Hon'ble High Court directed the Director General of Police, UT of Jammu and Kashmir to constitute a Special Investigation Team (SIT) comprising of Senior Police Officer not below the rank of SSP and also directed SSP Kathua to provide security to the minor victim and her family. In compliance to this direction of the Hon'ble High Court a SIT was constituted headed by SSP Kathua. The statement of the victim was got recorded under section 164 Cr.P.C. The medical examination of the victim was got conducted by the Board of Doctors and during the course of investigation offences under section 363, 376, 109 IPC and 4/17 POCSO Act were proved against the accused Neeraj Kumar, Bishan Dass(Father of the accused Neeraj Kumar), Sushma Devi(Mother of the accused Neeraj Kumar), Vinod Kumar(Maternal Uncle of the accused Neeraj Kumar and Balvinder. The accused Neeraj Kumar was found minor, a juvenile and was sent to observation Home RS Pura by the order of Juvenile Justice Board Kathua. The accused Vinod Kumar was arrested and the vehicle number JK08G/9063 used in the commission of the crime was seized. The accused Dewinder Singh alias Balwinder Singh was also arrested in the instant case on 26/03/2021. During identification parade the victim identified the said Dewind-er Singh alias Balwinder Singh for commission of the offences. The accused Sushma Devi, the mother of the accused Neeraj Kumar has been admitted to interim bail by the Hon'ble High Court. The accused Devinder Singh was found involved in kidnapping the victim along with the other accused and the accused Vinod Kumar had put a knife on the throat of the minor victim on 24th November, 2020 while kidnapping her and he was also present in car auto K10 JK08G/9063 when rape was committed with minor victim by the accused Neeraj Kumar. The investigation is going on.
Principal Sessions Judge Kathua Jaffer Hussain Beigh after hearing both the sides observed that Section 3 of POCSO Act deals with Penetrative Sexual Assault is punishable under section 4 of POCSO Act for which the accused are involved along with section 17 of POCSO Act and unless contrary is proved by the accused it is presumed that the accused has committed the offences which have been established against the accused during the course of investigation and the investigation is still in progress. With these observations, Court rejected the bail applications.

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