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| HC rejects bail of accused booked under POCSO Act | | |
EARLY TIMES REPORT
JAMMU, June 4: Justice Sindhu Sharma rejected the bail application of one Sunny Kumar, driver of a School bus who was booked under Protection of Children from Sexual Offences (POCSO) Act, 2012 for misbehaving with a 3-year-old girl.
The prosecution case in brief is that on 30.04.2019, complainant filed an application in the Police Station, Bari Brahmana, Samba that her child aged three years was studying in Mount Litera School in Nursery class since 12th April, 2019. After some days of admission, she started behaving strangely and after some time disclosed that the driver and conductor of her school bus used to tease her and that they used to kiss and touch her private parts. This incident occurred on her way to school. The complainant immediately approached the School Management the very next day and they assured her that they would look into the matter but no action was taken. The name of vehicle drivers is Ravi Kumar S/o Krishan Lal and Sunny Kumar S/o Puran Chand. The police on this complaint registered the FIR and started investigation in the case and after completion of investigation challan was presented in the court.
Justice Sindhu Sharma after hearing both the sides observed that the victim was three years old and the allegations of offences under Section 8/10 POCSO Act are against the applicant, driver of school Bus and the helper who were entrusted with safety taking her to school and dropping her back to home. The applicant was about 32 years of age, while the victim was only three years of age, the difference in the age of the minor victim and the applicant accused makes this offence very heinous and there is element of perversion also involved in this case.
There is sufficient material on record to prima facie show the involvement of the applicant in the alleged crime and in view of Section 29 of the POCSO Act, the presumption of innocence is not available to the applicant. With these observations, the Court rejected the bail application. (JNF) |
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