Srinagar, Jul 31: The High Court of Jammu & Kashmir and Ladakh has granted bail to an accused facing trial in a rape and POCSO case, observing that contradictions in the prosecutrix’s statements and the available scientific evidence made out a case for his release at the present stage of the proceedings.
Justice Sanjay Dhar passed the order while allowing the bail application of Nisar Ahmad Joo, who is facing trial in FIR No. 45/2024 registered at Police Station M.R. Gunj, Srinagar, under Sections 137(2) and 64 of the Bharatiya Nyaya Sanhita (BNS) and Sections 3 and 4 of the Protection of Children from Sexual Offences (POCSO) Act.
The Court noted that although charges had been framed against the accused and the statutory presumption under the POCSO Act applied, that presumption is rebuttable. It observed that the prosecutrix had made materially inconsistent statements at different stages of the investigation and trial, while scientific evidence, including DNA analysis, did not reveal the presence of any foreign DNA linking the petitioner to the alleged offence. The Court also noted that the victim’s father, in his subsequent statement, had not supported the prosecution’s case against the petitioner.
The judgment further recorded that the statements of the material witnesses, including the victim and her parents, had already been recorded, reducing the possibility of the accused influencing the prosecution evidence if released on bail.
While granting bail, the Court directed the petitioner to furnish a personal bond of ₹50,000 with two sureties of the like amount, appear before the trial court on every date of hearing, remain within the Union Territory of Jammu and Kashmir unless permitted otherwise, and refrain from intimidating witnesses or tampering with evidence.
The Court clarified that the observations made in the order were confined to the disposal of the bail application and would not influence the merits of the trial pending before the Special Judge, POCSO Cases, Srinagar. [KNT]
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