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Bandipora 'rape' case: HC directs IGP to hold probe 'strictly'
5/17/2019 10:05:40 PM
Early Times Report
Jammu, May 17: The J&K High Court has directed the Inspector General of Police (Kashmir) to ensure that investigation in alleged rape of a minor girl in Bandipora is conducted "strictly in accordance with law."
A division bench of the High Court comprising Chief Justice Gita Mittal and Justice Tashi Rabstan observed that status report from the IGP suggests that the age determination of the accused is underway. "The same shall be also strictly (in line with) the requirement of Jammu and Kashmir Juvenile Justice (Care & Protection of Children) Act, 2013 and the rules framed thereunder," the bench observed.
It further observed that in the status report filed by Principal Secretary, he has informed that the victim was initially medically examined on May 8 by Dr. Ghazala, Medical Officer posted at Community Health Centre, Sumbal. Thereafter, the victim was referred her to SKIMS Medical College Bemina, Srinagar. The victim was then examined and a series of investigations were conducted at SKIMS and reports handed over to the police.
"Certain articles, which were seized, were also handed over to the police for further investigation. It is further informed that the victim was given proper medical treatment and that she was in a stable condition and provided with psychiatric counselling as well," the court observed.
It further observed that pursuant to its order dated May 15, Farah Bashir, amicus curiae, has filed a report dated May 17 setting out the details of the print and electronic medical wherein the incident of alleged sexual violence of 3-year-old minor girl child have been reported.
The court directed You Tube, Facebook and Twitter to remove all materials/posts/publications which tend to disclose the identity and name of the infant victim of the sexual violence in the incident in Bandipora and to ensure that no such material is uploaded on their channels.
During the course of hearing, Farah Bashir also drew attention to Section 44 of the POCSO Act of 2018 which casts a duty upon the state government to give wide publicity through media including television, radio and print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this Act. Upon this, the court directed that copy of all the reports which have been filed by Farah Bashir as well as to B. A. Dar, Sr. AAG be provided to Shafaqat Nazir, counsel for the petitioner.
The court also directed Registry to issue notice to the Kashmir Observer, Kashmir Vision, Kashmir Glory, Urdu Daily Afaaq and daily Ilhaaq to show cause as to why action be not taken against them for the violations of Section 23 of POCSO Act committed by them as noted above returnable.
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