Srinagar, Jul 19: A court has refused bail to an accused in a case under the Protection of Children from Sexual Offence (POCSO) which was registered by police here following a complaint about sexual assault on a minor girl last year .
As per the prosecution, on 31 March last year, a complainant was received from a resident of Baramulla, putting up in a rented house at Nowshara here, that her two minor daughters were playing in the lawn of the house and one person namely Amit Ambardar called both of them in his room and gave some money to one and sent her outside for purchasing some sweets. Then he alleged attempted to rape her second daughter, the prosecution said.
Accordingly, a case (FIR No 27/2022) under sections 376-AB IPC and section 7/8 of POCSO Act was registered, it said. During investigation, it said, the statement of the victim was also recorded under section 164 of Cr.P.C. and her medical examination was also conducted. After the completion of investigation, the prosecution said, 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 27 May 2022. Ambardar, a resident Jannipur Jammu, was charged under section 506 IPC and 9/10 of POCSO Act on 27 June 2022. Ambardar was also residing on ground floor in the same house in the girl was putting up with the family.
“In the instant case, the accused (Ambardar) 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,” Court of presiding officer fast track court for POCSO Cases Srinagar, Aarti Mohan, 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 and “despite vigorous cross examination the accused has not been able to dislodge the presumption which has arisen against him.”
“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.”
The Court said that 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. Moreover, the court said, there are still material witnesses who are left to be examined including the minor sister of the victim who is an important witness of the case and has not been examined as yet.” Subsequently, the court rejected the bail application.
