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| Court rejects bail in POCSO | | | EARLY TIMES REPORT
JAMMU, Feb 2: Principal Sessions Judge Reasi Kamlesh Pandit rejected the bail application of one Balwinder Singh involved in POCSO.
Principal Sessions Judge Reasi Kamlesh Pandit after hearing both the sides observed that offences alleged to have been committed by the accused person are very heinous and are considered to be against the public at large and the court cannot shut it eyes so far as gravity of the offence is concerned and its impact on the society at large unless and until defence proves contrary to the result of the investigation.
Moreover, any sexual assault upon a girl child is considered as one of the most heinous crime and dastardly acts having social, psychological, physical and emotional repercussions on the life and prospects of the victim. The social censure and social disgust of the offences of sexual assault has impelled our legislators to amend the laws dealing with these offences and make them more rigorous, sterner and more stringent.
The new legislations have been enacted to deal with an iron hand and more effectively, the ever increasing intensity of incidents of sexual violence against women. The act of rape is traumatic event causing such extreme spike in emotions that it permanently skews one’s narrative towards that event. Rape survivors struggle with imprisoned frozen identity, no matter how much she would grow, there will always be that moment where she was captured and her spirit overpowered.
Therefore, a solemn duty is cast on the courts while exercising discretion in such cases to balance individual interest with the interest of the whole society at large.
In the given facts and circumstances, this court is not in a position to come to the rescue of the accused (applicant herein) so far as background circumvented in the challan and also sections 29 and 30 of the POCSO Act is concerned. With these observations, the Court rejected the bail application. JNF
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