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| HC holds Nikah Defence No Ground for Bail in POCSO case | | | Early Times Report
JAMMU, May 14: The High Court of Jammu & Kashmir and Ladakh has dismissed the bail plea of Jaffer Ahmed Teli in a Kokernag POCSO case, holding that the plea of Nikah and payment of Mehar cannot override the statutory presumption under the POCSO Act at the bail stage.
Justice M. A. Chowdhary observed that the accused is facing serious charges under BNS and POCSO Act, including allegations of kidnapping, wrongful confinement and penetrative sexual assault of a minor.
The petitioner's counsel submitted that the accused and prosecutrix had solemnized Nikah with the consent of both families and that the case arose out of disputes over caste, social status and Mehar. It was further argued that several witnesses had not supported the prosecution version.
Opposing the bail plea, Government Advocate Mr. Ilyas Nazir Laway submitted that the prosecutrix was minor as per school record and DNA of the aborted foetus matched with the accused.
The Court held that factual defences regarding marriage and Mehar are matters for trial and cannot be conclusively determined at the bail stage. It further noted that the trial was nearing completion, with most material witnesses already examined.
Dismissing the bail application, the High Court directed the Trial Court to expedite the remaining evidence and conclude the trial expeditiously.
(JNF) |
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