STATE TIMES NEWS JAMMU: Principal Sessions Judge Jammu Sanjeev Gupta on Tuesday rejected the bail application of Ram Niwas posted as Quarter Master in 89 BN BSF Karangi Akhnoor who was facing trial in case under POCSO Act. After hearing Public Prosecutor Kulbushan Sharma for the prosecution while Advocate Suresh Kumar for the applicant through virtual mode, the court observed that as per the allegations made against the applicant-accused in the charge sheet it transpires that on November 4, 2018 at around 1900 hours, applicant-accused taking advantage of the absence of parents of the victim in their residential Government quarter in BSF Campus Akhnoor, who were away to the market, made a trespass into the house of complainant and sexually assaulted his minor daughter aged about 14 years. The report about the occurrence was lodged by the complainant to his commanding officer on November 5, 2018 and the matter was investigated under the provisions of BSF Act and Rules. 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 May 16, 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 Sections 458 and 354 RPC, 9 POCSO Act was filed in this Court on April 7, 2020 against the applicant-accused. The arguments on charge/discharge are yet to be addressed by the rival parties. After considering the allegations made in the charge sheet besides considering the statements of victim and other witnesses recorded under Section 164A CrPC and Section 161 Cr.P.C, prima facie establishing that applicant-accused has committed the offence with which he has been charged, the court observed applicant-accused do not deserve the concession of bail. “Moreover, the case of the applicant-accused does not fall under the category of cases mentioned in order dated April 1, 2020 passed by the High Power Committee regarding release of undertrial prisoners on interim bail”, the court observed and rejected bail application.
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