J&K HC Refuses Bail of Old Women Charged for Abetting Minor’s Rape

Adoption Child Porn law insider

Paridhi Arya

Published on May 25, 2022 at 18:28 IST

Single Judge Justice Sanjay Dhar, observed that the accused cannot be granted bail on ground that she is old lady, her crime becomes more heinous as after being old she aided her husband to rape a 14 year old girl.

“The material on record shows that the victim was sent by her father to the house of the petitioner to learn embroidery work. Thus, the victim was under guardianship of the petitioner and her husband.”

“A bond of trust and confidence must have been reposed by the victim but the accused by indulging in abhorrent behavior with her, have shaken her trust and confidence and brought a bad name to the relationship of a child with her guardian who were as good as her parents,” Justice Dhar observed.

The FIR filed by victim’s father stated that he sent her to the couple to learn embroidery from her husband. The couple was the guardian of the girl. She lived for seven days with the couple in which she was raped twice.

Victim’s father comes to know about it when she returned and accused would take care of her abortion if she got pregnant and offered 4,000 to 5,000 rupees.

Accuser’s wife was charged under Section 376 & 109 of IPC and under Section 4 and 17 of POCSO Act.

“Abetment of an offence carries the same punishment as is provided for that offence. Section 376(3) IPC provides punishment in a case where rape has been committed upon a woman under 16 years of age.”

“As per this provision, the punishment provided for such offence is not less than 20 years, which may extend to imprisonment for life. Thus, the offences for which the petitioner is facing trial are serious in nature,” the bench noted.

The judge further noted that statement of victim is only recorded. Statement of her father and other witnesses are left to record.

“The statements of other prosecution witnesses including the father and three more relatives of the prosecutrix are yet to be recorded. If the petitioner is admitted to bail at this stage, there is every apprehension that the prosecution witnesses, who happen to be the close relatives of the victim, would be influenced by the petitioner,” the judge said.

The judge rejected the bail stating the crime is of serious natures as under POCSO and it is the duty of Court to make victims and witnesses feel secure and for that reason bail cannot be granted.

“This can be ensured only if the statements of the victim and the material witnesses are recorded while keeping the accused behind the bars,” the Single-Judge stated.

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