x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   APS Jammu Cantt wins Inter APS Cluster-I U-17 Girls Football Tournament | One-day workshop on Stress Management and Self-Awareness organised Govt College of Education, Jammu | GDC Samba organizes Student Discussion Forum on "Swadeshi and Self-Reliant India" | DAV College organized session on Stock Markets | Div Com Kashmir meets religious leaders, invites for participation in Nasha Mukt J&K Padyatra | CMO Doda inaugurates Truenat Machine dedicated to PHC Bhagwah | GDC Kathua's Nasha Mukti Bharat Abhiyan Committee Leads Dynamic Awareness Rally | District Admin Anantnag goes tough on NDPS Act violators, demolishes illegal properties of drug peddlers built on State Land | Smart Meter failures and delayed underground wiring burden Jammu consumers | Prof Arya, Prof Bhat and Prof Sharma received prestigious IES Fellowship Award at National Conference | Agriculture Department conducts seedling distribution drive among students | "Musical programme "Aavishkar" based on the poems of Kehari Singh Madhukar was organised" | Puneet Mahajan meets Dhananter Singh; discusses key healthcare issues of Jammu & Kashmir | Department of English, CUJ hosts "Commemorating the Writers' Series: On William Shakespeare" | VC SMVDU inaugurates UGC-Sponsored One Month Online Faculty Induction Programme at SMVDU | Three days Workshop on Molecular Biology and Microbiological tools, Techniques begins at CMB, CU Jammu | Govt Polytechnic College Reasi organized sports activities under Nasha Mukt Bharat Abhiyan | Desh Bhagat University World Malaria Day Observed with Awareness Drive in Village Chehal | GDC Katra organises an awareness programme | Countdown Begins to Four Days of Thrilling Hoops and Sportsmanship @ Pinegrove School | J&K Judicial Academy organises special session on "Yoga for Mental Fitness" | Faster than expressways is the pace of Uttar Pradesh's development: PM Modi | Speaker LA reviews progress on new LA Complex, emphasizes timely completion | Omar Abdullah trying to remove Urdu from J&K's history: Iltija Mufti | Baba Saheb's vision of social equality hold all times relevance: Sat Sharma | Panchayat Electoral Roll Revision extended; claims, objections can be filled till May 5 | Armed Police Headquarters issues promotion orders of 1006 Armed Police Personnel | DB Seeks ATR on Healthcare Gaps Across J&K | HC ensures women's voice in Bar leadership, seeks compliance in one week | Bridge of opportunity, unity | Education’s Unequal Equation: Wealthy schools, poor teachers | Jammu Kashmir Nasha Mukt Abhiyan | ‘7-silent rebels’ back in spotlight after RTI twist in RS poll cross-voting controversy | History in the making: Vande Bharat to transform J&K rail travel today | Leh welcomes sacred Buddha relics amid fervour ahead of Amit Shah's visit | DB puts J&K sports bodies under scanner | HC sets aside bail in rape case involving intimate videos | LG Sinha launches book "Healer in Exile: The Untold Story of Dr Sushil Razdan” | Prepaid smart meters to be installed in all Govt offices, mode of payment changed | Man trafficked to Cambodia, case registered by EOW Srinagar | Govt approves 18% fare hike for public transport across J&K | Dr Farooq criticises EC’s handling of WB polls | 4 teachers suspended over unauthorized absence in Rajouri school | New School Timings | Expressways become foundation of all-round development: CM Yogi Adityanath | University of Jammu organizes Yoga Awareness programme | PU community College celebrates Annual Sports Day | IIM Jammu hosts leadership talk by IRCTC CMD Sanjay Jain | JUIT SIAM Student Chapter Secures Global First Position Among 200+ Chapters | Inner wheel distributes bags, “Meri Kitab” to students in Udhampur schools | 3-day training for Field Trainers concludes at Jammu | Rajouri unites against drug abuse | PHC Bhagwah gets Truenat Machine | DDC reviews progress of HADP in Reasi district | Dps jammu students shine at ucmas abacus & mental arithmetic competition 2026 | Doda police detain two habitual offenders under public safety act (psa); lodged in district Jail Udhampur | Illegal Bangladeshis, Rohingyas big Threat to Country, Jammu-Kashmir: Pardeep Sharma | Doda police traced missing lady, reunited her with family | Back Issues  
 
news details
HC discharges man in POCSO case
6/16/2025 11:54:45 PM
Early Times Report

Srinagar, June 16: The Srinagar wing of Jammu & Kashmir and Ladakh High Court has discharged a man in a POCSO case after noting that the Investigating Agency had not collected any scientific evidence to show that the accused had committed the sexual assault upon the two girls, and there was an absence of oral testimony on the part of the victims.
The petition before the High Court was filed against the order of the Special Judge (POCSO Cases), Srinagar, whereby charges for offences under Section 363, 376 IPC and Section 4 of the POCSO Act had been framed against the petitioner.
The Single Bench of Justice Sanjay Dhar said, “The Investigating Agency has not collected any scientific evidence to show that the petitioner has committed the sexual assault upon the two girls and in the absence of any oral testimony on the part of the two girls to this effect, the offence of rape is also not made out against the petitioner.”
Advocate Adnan Fayaz represented the Petitioner while Sr. AAG Mohsin Qadiri.
As per the chargesheet, which had emanated from an FIR registered under Section 363, 376 IPC and Section 4 of POCSO Act, it was alleged that the complainant’s minor daughter had left her home along with another girl. The two girls returned to their home and they were produced by their family members before the police. The victim girls were subjected to medical examination, and it revealed “sexual activity.”
The investigation further revealed that the petitioner had enticed the victim girls to board his vehicle, whereafter he kidnapped them intending to commit sexual assault upon them. The Special Court, after hearing the parties and after analyzing the material on record, framed charges for offences under Section 363, 376 of the IPC and Section 4 of the POCSO Act against the petitioner.
The Bench addressed the issue of scope of power of a Court while considering discharge of an accused, the Bench said, “From the foregoing analysis of law on the subject, it is clear that at the time of framing of charge, the Court has only to consider the material available for framing an opinion as to whether, prima facie, offence is committed which would require the accused to be put on trial. It is open to the Court, at the stage of framing of charge, to ascertain as to whether the allegations made in the charge sheet against the accused are supported by the material collected by the Investigating Officer during investigation of the case.”
“It is to be borne in mind that at the time
‘No scientific evidence collected to show petitioner committed sexual assault; no oral testimony on part of two girls against accused’
f framing of charges, the court has to accept the material assembled by the Investigating Agency during investigation of the case at its face value and its probative value cannot be gone into. The court has only to derive satisfaction about the commission of offence by the accused”, it added.
The Bench took note of the fact that both the victim girls had stated that they could not get any vehicle for returning to their home, and they boarded the vehicle of the petitioner out of their own will and volition. “This Court is conscious of the fact that both the victim girls were minor at the relevant time and their consent or otherwise is immaterial”, it said.
It was noted that from the statements of the two girls, it was discernible that they had left their home completely uninfluenced by any promise and inducement emanating from the petitioner. “Thus, when the statements of both the victim girls are read in conjunction with the statements of their immediate family members, it comes to the fore that the victim girls were neither taken nor enticed by the petitioner to go with him. Therefore, offence under Section 363 of IPC is not made out against the petitioner even if whole of the material collected by the Investigating Agency is taken to be true at its face value”, the Bench said.
On the aspect of the evidence relating to rape upon the victim girls, the Bench noted that both of them had not stated anything about this aspect of the matter. “None of them had stated that they were subjected to assault by the petitioner. Merely on the basis of the opinion of the doctor that the two girls had been subjected to sexual activity a couple of days back, it cannot be inferred that the petitioner was the author of it,” the court said.
The Bench found no evidence on record to show that the petitioner had either kidnapped the two victim girls or had committed sexual assault upon them. Therefore, even if the material collected by the Investigating Agency during the investigation of the case remains unrebutted, the same is not sufficient to presume that the petitioner/accused has committed any offence nor does it raise any grave suspicion about the involvement of the petitioner in the alleged occurrence”, it said.
Allowing the petition, the Bench set aside the impugned order of the Special Judge (POCSO Cases) (Principal Sessions Judge) Srinagar, whereby charges had been framed against the petitioner/accused. “The petitioner is discharged and the challan against him shall stand dismissed”, it ordered.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU