Principal Sessions Judge Reasi Kamlesh Pandit rejected the bail application of one Sajad Ahmed Bhat who was facing trial in rape and kidnapping case.
Principal Sessions Judge Reasi Kamlesh Pandit while rejecting bail observed that In this case, the victim is a minor girl of sixteen years who has been kidnapped by the accused and the statement of the prosecutrix recorded U/S 164-A Cr.PC as well as her deposition before the court don not exculpate the accused. In the given facts and circumstances, the accused person has failed to surpass the mandatory provisions of section 497-C Cr.PC as well as Sectiion 32 of the POCSO Act . Any sexual assault upon a girl child is considered as one of the most heinous crimes and dastardly acts having social, psychological, physical and emotional repercussions on the life and prospects of a victim. Such sexual assaults bring bad name to a woman and becomes a deal for the insensitive people to ostracize her in society and attach social stigma to her name. The new legislations have been enacted or promulgated to deal with an iron hand and more effectiveness with increasing intensity of sexual violence against children/minors. These legislations are meant to provide a widespread protection to the minors against the prying eyes of the desperados. The courts have responsibility towards the society to deal with such offenders as a crusade against the menace of sexual violence which has demeaned our woman folk. JNF