Excelsior Correspondent
SRINAGAR, Mar 3: Jammu and Kashmir High Court today stayed trial court judgment acquitting fake faith healer Gulzar Ahmad Bhat (Gulzar Peer) and directed his judicial custody.
The Division Bench of High Court comprising Justice MH Attar and Justice Ali Mohammad Magrey while hearing criminal acquittal appeal filed by the State against the judgment of trial court said the impugned judgment is stayed and police is directed to take the accused into judicial custody.
“In the interest of justice, we at this stage direct that, till further orders from the court, the impugned judgment dated February 12 passed by the Session Judge, Budgam in FIR No. 40/2013 shall stay to the extent of respondent no. 1(Peer)” and “The respondent no. 1 shall be taken into custody by the concerned police authorities and lodged in judicial custody which shall be regulated in accordance with law”, court directed.
Peer, who is accused of sexual harassment of innocent girls was freed by the trial court on 12th of last month with the observation made in his judgment that prosecution has failed to produce evidence and medical report of victims against the accused and FIR was lodged against him at belated staged.
HC issued notice to Peer and other accused involved in the crime which has been accepted by their counsel Mushtaq Ahmad Dar.
Court while staying the judgment of trial court said that the statement of prosecution witnesses has been perused which suggest that the innocent girls have been subjected to sexual assault. “The perusal of the statement of these girls who have been subjected sexual assault, at this stage make out a case for issuing interim directions”, reads the order.
Court further added that in normal course court does not pass interim order either for staying the impugned judgment or for directing the arrest of accused but the situation in present case is entirely different as the statement of prosecution and sexual harassment of innocent girls made a strong case for issuance of interim direction.
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