‘Accused have committed rank immorality’
Excelsior Correspondent
JAMMU, Aug 26: Principal Sessions Judge Kulgam Tahir Khurshid Raina has denied bail to two persons booked under Protection of Children from Sexual Offences (POCSO) Act.
The accused persons namely Sharuk Khan, son of Sabdar Ali Khan and Ishfaq Ahmad Khan, son of Fayaz Ahmad Khan, both the residents of Kulgam were booked by Kulgam Police under Sections 363,376/511,323 IPC read with Section 7/8 POCSO Act.
“In the instant case, the modesty, dignity and education of a minor prosecutrix is at stake. On the face of the facts revealed by the CD file and the prosecutrix, the offence in question is highly horrendous, detestable and condemnable”, the court said, adding “when we talk of women empowerment, we talk of their education, to be provided to them so adequately so that they may not feel neglected or inferior to men in any manner”.
The court further observed, “if a minor girl who is persuing her studies has to face so much of trauma and feel terrorized on account of highly condemnable act of the accused, how can she pursue her studies freely and fearlessly”, adding “rather this entire happening will have a brutal impact on her educational pursuits. And if this unfortunate situation which is rampant, is not stopped with impunity and deterrence, it will render an irreparable loss to her, viz-a-viz her educational journey is concerned”.
“Exercising discretion of bail in their favour means to give a wrong message to the society whereby to embolden such detestable person and their ilk to do all such non sense activities and then escape the clutches of law by the shield of bail”, the court said, adding “no court can come to the rescue of such accused who are alleged to have committed rank immorality and criminality, entailing wrath and condemnation of the society at large”.
With these observations, the court rejected the bail applications of the accused.