Excelsior Correspondent
SRINAGAR, Nov 22: The High Court today held that the accused involved in a rape of a minor cannot seek bail on account of delay in trial of case and dismissed the bail application as meritless.
The bench of Justice Sanjay Dhar dismissed the bail plea of two accused involved in rape of 13-year-old girl. The court turned down the contentions of their counsel that there has been delay in conclusion of the trial in the present case, is also belied from the minutes of proceedings of the trial court as such bail be granted.
“It appears that the trial of the case is progressing at good pace and out of twelve listed witnesses, five witnesses had already been examined at the time of summoning of the trial court record in the month of May, 2025” the court said, adding with “therefore, it is not a case where the petitioners have remained incarcerated for a long period of time on account of delay in progress of trial. On this ground also, the petitioners cannot claim bail in their favour”.
The petitioners are alleged to have committed gang rape upon a minor girl, who, at the relevant time, was barely 13 years of age. “This makes the alleged act of the petitioners more heinous in nature and it shows an element of perversion in the alleged offence, which carries maximum life imprisonment for the remainder of natural life with minimum punishment of 20 years. Therefore, at this stage, the petitioners cannot claim bail in their favour”, Justice Dhar said.
The court added that although at the time of considering a bail application, a meticulous analysis of the evidence has to be avoided, yet, for the limited purpose of considering whether there is a prima facie case against the petitioners/accused, when we have a cursory look at the statement of the victim, it does appear that she has prima facie supported the prosecution case.
Looking at the other aspect of the case, the court added that not only the chargesheet has been produced against the petitioner-accused person but even the charges have been framed against them, for offence under POCSO Act. “Therefore, it has to be presumed that the petitioners have committed the said offence unless it is shown by them on the basis of the evidence led before the trial court that such presumption is rebutted”, read the judgment.
The court on bail in rape of minor cases said that when it comes to offences punishable under a special enactment, like POCSO Act, something more is required to be kept in mind in view of the special provisions contained in the said enactment.
“The intention of the legislature in providing for a swifter trial of such offences is to ensure speedy justice to the victims of these crimes. This mandate given by the legislature cannot ensure the benefit of the accused. The contention of the learned Senior Counsel appearing for the petitioners that merely because the learned trial has not completed the trial of the case within two months of filing of the chargesheet, the petitioners are entitled to bail, is wholly misconceived”, the court concluded.
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