Kupwara court denies bail to woman allegedly involved in ‘aiding’ her daughter’s rape

Kupwara Dec 28 (KNS): A local court in north Kashmir’s Kupwara district on Wednesday rejected bail application of a woman, who is accused of aiding sexual assault of her own minor daughter.

According to details available with Kashmir News Service (KNS), the counsel for the accused woman had sought bail on the ground that she was innocent and there were contradictions in the statements of witnesses recorded during the trial.

However, learned assistant public prosecutir, Dar Rashid objected that plea of the accused for his enlargement on bail is groundless as the minor victim in her statement recorded under section 164 has expressly deposed that her mother is involved in the crime in question, and she has aided the accused in inflicting rape on her. 

He argued that the minor victim according to her statement was drugged before sexual assault and the charges levelled against the accused are disgraceful, and heinous in nature.

He further argued that mere contradictions in the statements of the witnesses don’t give absolute right of bail to the accused as the victim was below 16 years of age at the time of the commission of the crime. 

After hearing the arguments, presiding officer of POCSO court, Khem Raj Sharma withheld the discretionary relief of bail to the applicant and said that the reverse burden contemplated under section 29 of the POCSO Act must not only be strictly complied with but also may be subject to proof of some basic facts as envisaged under the statute.

He observed that it cannot be decided at this stage that the prosecution story is doubtful.

Notably, On August 21, 2020, a minor girl had alleged that she was raped by a man, who was aided by her mother. 

Following the allegations, police registered a case under sections 376, and 109 of IPC and 4 and 17 of the POCSO Act at police station Kupwara. (KNS)

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