ZUBEEDA Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Sec. 439 of the Cr. P. C seeking bail in a case arising out of FIR No.69/2021 for offences under Ss. 376, 109 IPC and 4 POCSO Act registered with Police Station, Shergari, Srinagar.

(2.) As per the prosecution case, on 8/8/2021, the victim along with her father lodged a complaint with Police Station, Shergari, alleging therein that the victim, who is aged about 14 years, was sent by her father to the house of accused Arif Waza, who happens to be the husband of the petitioner herein, for learning embroidery work. It was alleged that after eight days, the victim came back to her home and two days thereafter, accused Mohammad Arif Waza called her on telephone, whereafter the victim started crying. The father of the victim enquired about the reason and the victim narrated that she had been raped by accused Arif Waza after making her unconscious. The police registered the FIR and started investigation of the case.

(3.) During investigation of the case, statement of the victim under Sec. 164 of the Cr. P. C was recorded. In her statement she has stated that during her stay in the house of the accused, she was raped twice by the husband of the petitioner. She has further stated that as a result of sexual assault, she suffered bleeding and when she narrated the incident to the petitioner, she was told by her that she deserved the same treatment. She also stated that something was sprinkled on her mouth by the petitioner which made her unconscious and when she regained her senses, she found herself in a naked position. She further stated that the petitioner is a bad charactered woman who is having illicit relation with one of the cousins of her grandfather. The victim has also stated that when she talked to the husband of the petitioner on telephone, he told her that if she gets impregnated, he will bear the expenses of terminating the pregnancy. She went on to state that husband of the petitioner offered Rs.4000.00 to 5000/ to her father to settle the matter but they did not accede to this request.