The statutory presumption of guilt under Section 29 of the POCSO Act is rebuttable. Material contradictions in the victim's testimony and negative DNA evidence can rebut this presumption, justifying the grant of bail to prevent pre-trial punishment when prima facie involvement is doubtful.

JUDGMENT(ORAL)

1) The petitioner is seeking bail in a case arising out of FIR No.45/2024 for offences under Section 137(2), 64 of BNS and Section 3/4 of POCSO Act registered with Police Station, M. R. Gunj, which is stated to be pending before the Court of Special Judge POCSO Cases, Srinagar (hereinafter “the trial court”).

2) The facts leading to the filing of the present bail application are that on 11.11.2024, Police Post, Urdu Bazar, Srinagar, received a written complaint from the father of the victim Ms. X, alleging that his daughter is missing from home since 08.11.2024. On the basis of this complaint, FIR No.45/2024 for offence under Section 137(2) of BNS was registered with Police Station, M. R. Gunj, Srinagar, and investigation of the case was set into motion. As per the school record, date of birth of Ms. X was found to be 25.11.2008. During the course of investigation, Ms. X was recovered by her maternal uncle on 17.11.2024 from Sunday market Lal Chowk, Srinagar. During the preliminary enquiry of Ms. X, it was found that she had been forcibly raped by four different persons at four different places on four different dates. Ms. X was subjected to medical examination at Government Lalladed Hospital, Srinagar. Her hymen was found ruptured. Some samples including her DNA sample and vaginal swabs were collected by the doctors, whereafter she was handed over to her parents by the Child Welfare Committee, Srinagar. The statement of Ms. X under Section 183 of BNSS was recorded by the Judicial Magistrate.

3) In her statement recorded under Section 183 of BNSS, Ms. X narrated that she had left from her home with her friends Ashu and Junaid on Ashu’s bike and they roamed in Srinagar City and went to Nishat. When it got late, they went to Ashu’s house who lives in Rainawari, Srinagar. She was scolded by mother of Ashu for having come to their home. On next day, Ashu dropped her near Zero Bridge, Srinagar. She further stated that she remained in SMHS Hospital, Srinagar, for two nights outside the ward whereafter she went to Sunday market, Srinagar, where she met accused Chaman Lal who took him to his hotel where he committed forcible sex upon her. Ms. X further stated that she stayed with accused Chaman Lal for two days whereafter he dropped her at SMHS Hospital where she stayed for another night. She again went to accused Chaman Lal who dropped her at Jahangir Chowk where she met an uncle who offered to take her to her destination. Ms. X boarded his car and he took her to a hotel near Zero Bridge, Srinagar, where he forcibly committed rape upon her. Ms. X stated that she does not know the name of the said uncle. Thereafter next morning, she went to Sunday market and was roaming over there where she was spotted by her uncle Manzoor Khan and her cousin Iman Khan, who took her to home. She further stated that before she met the uncle at Jahangir Chowk who had forcible sex with her in the hotel near Zero Bride, Srinagar, in between she had gone to Makhdoom Sahab Shrine in a car with a person who abused her but did not get physical with her. She further stated that at Makhdoom Sahab, she met an uncle whose name she does not know, who gave his phone number to her and promised to give her job. The said uncle took her in a car and forced her to take whisky. Ms. X turned heavy and when she opened her eyes, she found herself in the car of said person near Eidgah but she does not know whethe