Bail denied to POCSO accused: In stricter words, the Jammu and Kashmir and Ladakh High Court Justice Javed Iqbal Wani refused to grant bail to an accused, who is charged with encouraging suicide and sexual assault on a minor girl. The case is related to the death of a 16-year-old under unnatural circumstances.
Judge Javed Iqbal Wani refused to believe the contention made by the petitioner who pleaded there is no direct evidence of the accused’s involvement in the commission of the alleged crime. The plea was rejected on the basis of Section 29 of the Protection of Children Against Sexual Offences (POCSO) Act. The section states that the special court is allowed to presume the accused as guilty in cases of sexual assault against minors. The accused, who is married, had allegedly misled the deceased on the pretext of marrying her and had a sexual relationship with the deceased, without disclosing his marriage.
In the case, a 16-year-old minor girl died in unnatural circumstances which allegedly points to the instances written in her diary. On the basis of the mother, Satya Devi’s, statement the case against the accused was registered under Sections 305, which deals with abetment to suicide of child and 376, which deals with rigorous punishment for rape; along with sections 3 and 4 of the POCSO Act.
To dismiss the plea, the judge referred to the Neeru Yadav vs. State of Uttar Pradesh and Another of 2014. In this case, the Supreme Court said that society expects its citizens to obey the law and when an individual behaves in a “disharmonious” manner, they put things in a way that is unapproved by society. Thus the legal consequences then are unavoidable and the court has to be guided by established parameters.
The petitioner was represented by Senior Advocate KS Johal and Advocate Supreet Singh Johal, while the State was represented by AAG Aseem Sawhney.
– On October 20, the Supreme Court of India rejected the leave of absence of rape convict Narayan Sai. His furlough plea was rejected because the court saw it as a risk to law and order.
– In February this year, the special court in Mumbai denied bail to an alleged rape accused. The 45-year-old accused was arrested on the case of the alleged rape of a minor. He was booked under the charges of rape, sexual harassment and sections of the POCSO Act. The court denied to grant him to ensure no harm is done to the survivor.
– On October 15, the Additional sessions Judge of Goa Court, Durga Madkaikar rejected anticipatory bail of an alleged rape accused, Michael Crasto. The survivor had complained that the alleged accused raped her since 2010 when she was 15-year-old. Thus a case under POCSO Act was registered along with the Scheduled Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.