Srinagar, July 12: A court here rejected bail application of one of the accused in gang rape of a minor girl here last year.
The contention of police is that in September last year a man filed complaint with police station Panthachowk stating that four persons subjected his minor daughter to sexual assault.According to police, the complainant further stated that his daughter knew one of the accused who developed a friendly relationship with her and took some photographs also.“Later on his daughter was blackmailed”.
While the complainant submitted that the person along with other accused persons called his daughter to Khonmoh on the pretext of deleting the photos, he stated that when his daughter reached the place of meeting she was sexually assaulted by those four persons. “After a month his daughter told him about the same incident”. Accordingly after registration a case (FIR No. 96/2022) under section 376-D, 506, section 3/4 of POCSO Act, police said it filed charge- sheet following the an investigation 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 December 15 last year.
“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 the order by Presiding Officer Fast Track Court For POCSO cases Srinagar, Aarti Mohan.“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.
The accused, the court said, has not brought forth any circumstance which would convince it that the presumption which had arisen against him stood rebutted in any manner. Subsequently the court rejected the bail application of Ruhail Farooq Lone, one of the accused.