Keywords– Jammu& Kashmir High Court, POSCO, Victim, Bail.
on May 12, the High Court of Jammu & Kashmir and Ladakh made a significant ruling regarding bail in cases under the Protection of Children from Sexual Offences (POCSO) Act. Here are the Summary of the ruling:
The court ruled that a victim’s decision to avoid testifying in court cannot be a reason to deny bail to the accused under the POCSO Act and Justice Sanjay Dhar emphasized that the consideration of a bail plea cannot be indefinitely postponed due to the victim’s reluctance to appear in court.
The court stated that while the prosecution did not cite any delays caused by the accused, the victim’s conduct of avoiding the witness box was sufficient grounds to grant bail.
The case before the court involved charges of kidnapping and sexual assault, with the accused being arrested in April 2020.
The accused’s first bail application was rejected by the trial court because the victim’s statement had not yet been recorded.
The High Court disposed of the victim’s bail application but allowed the accused to approach the trial court again.
However, the trial court dismissed the plea once more, stating that the victim’s statement still needed to be recorded. Considering the case, the High Court noted that the accused cannot be detained for a period longer than half of the maximum punishment specified for the offenses,court also acknowledged that the investigating agency was unable to trace the victim, but emphasized that it cannot be a reason to deny the accused’s statutory right.
Consequently, Justice Dhar granted bail to the accused upon furnishing a personal bond of ₹50,000 and one surety of the same amount.
Advocate Vasudha Sharma represented the accused, while Deputy Advocate General Vishal Bharti appeared for the respondents.
Source- https://www.barandbench.com/news/bail-cannot-be-denied-to-pocso-accused-if-victim-avoids-stepping-into-witness-box-jammu-kashmir-high-court
Written by- Anjali Sudha, College name – Haridev law college, Kashipur, Semester- 6th sem an intern under Legal Vidhiya
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