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SANJAY DHAR
Naseema Begum – Appellant
Versus
Union Territory of J&K – Respondent
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
The presumption of guilt under the POCSO Act is rebuttable, and if the accused can demonstrate a prima facie case of innocence, bail may be granted despite the serious nature of the charges.
The presumption of guilt under the POCSO Act does not negate the possibility of bail; each case must be assessed individually based on its specific circumstances.
The main legal point established in the judgment is the need to consider the specific circumstances of each case and apply the well-recognized principles for grant of bail, particularly in cases invo....
The right of the accused to rebut the presumption of guilt under the POCSO Act and the importance of analyzing foundational facts to trigger the presumption.
The statutory presumption of guilt under the POCSO Act can be rebutted during trial, and bail can be granted based on the specific facts and circumstances of each case.
The presumption of guilt under Section 29 of the POCSO Act can be rebutted by the accused, and the absence of foundational facts to support the presumption can lead to the granting of bail.
The presumption of guilt under Section 29 of the POCSO Act can be rebutted by the accused if foundational facts are not established, and the court must consider the evidence presented when deciding o....
The presumption of guilt under the POCSO Act applies, and the significant age difference between the accused and the victim renders the alleged crime particularly heinous.
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