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SANJAY DHAR
Abid Hussain Mir – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
1. The petitioner has invoked the jurisdiction of this Court under section 439 of the Cr.P.C. seeking bail in a case arising out of FIR No. 143/2019 for offences under section 376, 506 RPC and 4 POCSO Act registered with Police Station, Qazigund.
2. As per the prosecution case, on 22.06.2019, father of the prosecutrix lodged a written report with Police Station, Qazigund, alleging therein that his wife has passed away a few years ago whereas one of his sons is mentally sick and his other two sons are away from home in connection with studies. It was alleged in the report that the petitioner, in his absence, would enter his house for the last one year and would commit sexual intercourse with his minor daughter after extending threats to her. According to the report, the prosecutrix did not narrate the incident to anybody because of these threats. On the basis of this report, the FIR came to be registered and investigation was set into motion. During the investigation, medical checkup of the prosecutrix was conducted and it was found that she was pregnant by eight months. The statements of the prosecution witnesses were recorded and the statement of the prosec
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 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 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 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 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 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 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 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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