SEXUAL ASSAULT ON MINOR | Court declines bail to accused

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Srinagar: A court here rejected bail application of a man accused of sexual assault on a minor girl at Nowshera here last year.

Presiding officer fast track court for POCSO cases Srinagar, Aarti Mohan declined to grant bail to Amit Ambardar, a resident of Janipur Jammu.

As per prosecution on March31 last year a complainant was received from a resident of Baramulla who was putting up at a rented house at Nowshara here.

In his complaint, the complainant stated that his two minor daughters were playing in the lawn of the house and one, Amit Ambardar, who was also residing on ground floor in the same house, called the two minors in his room & gave some money to one and sent her outside to purchase some sweets.

Then he allegedly ‘attempted to rape’ on his second daughter, prosecution said.

Accordingly, a case (FIR No 27/2022) under sections 376-AB IPC and section 7/8 of POCSO Act was registered against the accused. 

The prosecution contends that during investigation, the statement of the victim was recorded under section 164 of CrPC and her medical examination was also conducted.

The investigation, the prosecution said, revealed that the offences under section 376-AB IPC and 7/8 of POCSO Act were established against Ambardar and a chargesheet was presented against him on May 27 last year. 

Afterwards, Ambardar was charged under section 506 IPC and 9/10 of POCSO Act on June 27, 2022.

“In the instant case, the accused has been charged for commission of offence u/s 9/10 of POCSO Act as such the presumption under section 29 of the Act would stand triggered against him,” the Court said.

As far as the statement of the victim is concerned, the court said, she has supported her earlier statement recorded under section 164 Cr.P.C.

“Despite vigorous cross examination the accused has not been able to dislodge the presumption which has arisen against him,” it added.

The court observed that without commenting much upon the evidence led so far, it would be sufficient to say that the presumption against the accused stands strong like a rock and has not been dislodged.

“It is settled law that the solitary testimony of the victim is sufficient if the same is found to be credible and no corroboration of the same is required”, the court said and rejected the bail plea.

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