Excelsior Correspondent
JAMMU, May 12: Principal Sessions Judge Jammu Sanjeev Gupta has rejected the bail application of one Ram Niwas posted as Quarter Master in 89 BN BSF Karangi Akhnoor who was facing trial under POCSO.
After hearing Public Prosecutor Kulbushan Sharma for the prosecution whereas Advocate Suresh Kumar for the applicant through virtual mode, the court observed, “the departmental inquiry found the involvement of the applicant-accused in the commission of the offence. Thereafter, the competent authority has recommended suitable action against the applicant-accused for sexually assaulting the victim”.
However the report about the occurrence was lodged to the police on 16.05.2020 by the Commanding Officer 89 Bn BSF, Akhnoor, Jammu & Kashmir, as one of the offence committed by the applicant-accused comes under the J&K Protection of Children from Sexual Violence Ordinance, 2018 (POCSO).
After the investigation by the police, final report under Section458/354 RPC, 9 POCSO was filed in the Court on 07.04.2020 against the applicant-accused. The arguments on charge/discharge are yet to be addressed by the rival parties.
“After carefully going through the allegations made in the charge sheet besides considering the statements of victim and other witnesses recorded u/s 164A CrPC and u/s 161 CrPC, prima facie, it establishes that applicant-accused has committed the offence with which he has been charged”, the court said, adding considering heinous anti-social crime and the provisions of POCSO Act, the applicant-accused do not deserve the concession of bail”.
With these observations, the court rejected bail application.
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