Principal Sessions Judge Reasi Kamlesh Pandit rejected the bail application of one Nazir Ahmad facing trial in POCSO Act.
According to the police case that on 21.01.2019, the complainant lodged a written complaint in Police Station Chassana pleading therein that his minor daughter (prosecutrix) had gone in some marriage party, did not return home. It was further reported that from some reliable sources he (complainant) came to know that his minor daughter has been kidnapped by the accused/applicant herein with the aid and help of other four persons named in the complaint. On this complaint, police lodged FIR under No.2/2019 for the commission of offences U/S: 363/109 RPC and set the criminal law into motion. During investigation prosecutrix was recovered from the custody of the accused/applicant herein and the prosecutrix was subjected to medical examination, statement of the prosecutrix and her father (complainant) was recorded U/S: 164-A Cr.PC and the statements of other witnesses were recorded U/S: 161 C r.PC. After completing all formalities required, the accused person was found to have kidnapped the minor daughter of the complainant (prosecutrix herein) with the aid of two other co-accused persons and the main accused person (applicant herein) committed rape on the prosecutrix while she was in his custody. After conclusion of the investigation the challan was presented before the court for commission of offences U/S: 363/376 RPC read with section 4 POCSO Act against the accused.
Principal Sessions Judge Reasi Kamlesh Pandit after hearing both the sides observed that any sexual assault upon a girl child is considered as one of the most heinous crime and dastardly acts having social, psychological, physical and emotional repercussions on the life and prospects of the victim. The social censure and social disgust of the offences of sexual assault has impelled our legislators to amend the laws dealing with these offences and make them more rigorous, sterner and more stringent. The new legislations have been enacted to deal with an iron hand and more effectively, the ever increasing intensity of incidents of sexual violence against women. The act of rape is traumatic event causing such extreme spike in emotions that it permanently skews one’s narrative towards that event. Rape survivors struggle with imprisoned frozen identity, no matter how much she would grow, there will always be that moment where she was captured and her spirit overpowered. Therefore, a solemn duty is cast on the courts while exercising discretion in such cases to balance individual interest with the interest of the whole society at large. With these observations, the Court rejected the bail application. JNF