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2023 Supreme(J&K) 629

SANJAY DHAR
Naseema Begum – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sheikh Manzoor
For the Respondent: Sajad Ashraf

JUDGMENT :

Sanjay Dhar, J.

1. The petitioner has invoked jurisdiction of this Court under section 439 of the Cr.P.C. seeking bail in a case arising out of FIR No. 210/2020 for offences under section 363, 109 IPC and Section 16/17 of POCSO Act registered with Police Station, Kupwara.

2. As per the prosecution case, during Investigation of FIR No. 202/2020 for offence under section 318 of IPC, the victim, a minor girl, was questioned and during her questioning, she disclosed that one Shabir Ahmad War with the help of her mother, the petitioner herein, has committed rape upon her on a number of occasions, as a result of which she became pregnant. Accordingly, the police Registered FIR No. 210/2020 for offences under section 376, 109 of IPC and started investigation of the case. During the course of investigation, the statement of the victim was recorded under section 164 of the Cr.P.C. whereafter offences under section 376, 109 of IPC and Section 17 of POCSO Act were found established against the accused Shabir Ahmad War, Imtiyaz Ahmad Lone, Waseem Ahmad Lone, Shabir Ahmad Chopan and the petitioner herein. Accordingly, the challan was laid before the trial court. During the trial of the

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