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news details
Court rejects bail of two in POCSO
5/31/2021 11:47:29 PM

Early Times Report

JAMMU, May 31: Principal Sessions Judge Kathua Jaffer Hussain Beigh today rejected the bail of Devinder Singh and Vinod Kumar involved in POCSO.
According to the police report is that on 27/11/2020 the complainant Sudesh Kumar, the father of the minor victim filed a written report before Police Station Billawar with contention that one Neeraj Kumar has kidnapped his minor daughter on 24th November, 2020 when she had gone to her School. He went in search of her daughter but in vain.
The case was registered at Police Station Billawar on 27/11/2020 and the Investigating Officer, SI Satpaul Singh during the course of investigation recovered the victim on 28/11/2020 and got her statement recorded under section 164 Cr.P.C. and also got her medically examined from SDH Billawar. According to his investigation the victim has stated that no one has kidnapped her.
The victim even refused to go along with her parents after recording the statement under section 164 Cr.P.C. She was sent to Nari Niketan Social Welfare Kathua by the order of Judicial Magistrate Billawar. On 8-12-2020 the statement of the complainant was got recorded under section 164 Cr.P.C. in which the complainant stated that her minor victim was kidnapped by the accused Neeraj.
The complainant filed a writ petition before the High Court of Jammu and Kashmir at Jammu and the Court directed the Director General of Police, UT of Jammu and Kashmir to constitute a Special Investigation Team (SIT) comprising of Senior Police Officer not below the rank of SSP and also directed SSP Kathua to provide security to the minor victim and her family.
An SIT was constituted headed by SSP Kathua and statement of the victim was got recorded under section 164 Cr.P.C. The medical examination of the victim was got conducted by the Board of Doctors and during the course of investigation offences under section 363, 376, 109 IPC and 4/17 POCSO Act were proved against Neeraj, Bishan Dass (father of the accused Neeraj), Sushma Devi (mother of the accused Neeraj), Vinod Kumar (maternal uncle of the accused Neeraj and Balvinder.
The accused Neeraj was found minor, a juvenile and was sent to observation Home RS Pura by the order of Juvenile Justice Board Kathua. The accused Vinod was arrested and the vehicle number JK08G/9063 used in the commission of the crime was seized. The accused Dewinder Singh alias Balwinder Singh was also arrested in the instant case on 26-3-2021.
Principal Sessions Judge Kathua after hearing both the sides observed that Section 3 of POCSO Act deals with Penetrative Sexual Assault is punishable under section 4 of POCSO Act for which the accused are involved along with section 17 of POCSO Act. With these observations, Court rejected the bail applications. JNF
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