NASEEMA BEGUM Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner has invoked jurisdiction of this Court under Sec. 439 of the Cr. P.C. seeking bail in a case arising out of FIR No.210/2020 for offences under Sec. 363, 109 IPC and Sec. 16/17 of POCSO Act registered with Police Station, Kupwara.

(2.) As per the prosecution case, during investigation of FIR No.202/2020 for offence under Sec. 318 of IPC, the victim, a minor girl, was questioned and during her questioning, she disclosed that one Shabir Ahmad War with the help of her mother, the petitioner herein, has committed rape upon her on a number of occasions, as a result of which she became pregnant. Accordingly, the police registered FIR No.210/2020 for offences under Sec. 376, 109 of IPC and started investigation of the case. During the course of investigation, the statement of the victim was recorded under Sec. 164 of the Cr.P.C., whereafter offences under Sec. 376, 109 of IPC and Sec. 17 of POCSO Act were found established against the accused Shabir Ahmad War, Imtiyaz Ahmad Lone, Waseem Ahmad Lone, Shabir Ahmad Chopan and the petitioner herein. Accordingly, the challan was laid before the trial court. During the trial of the case, two accused persons, namely, Waseem Ahmad and Shabir Ahmad Chopan have been admitted to bail whereas main accused, Shabir Ahmad War, and the petitioner herein are still under custody.

(3.) It appears that the petitioner had approached the trial court for grant of bail but her application was dismissed by the said court in terms of its order dtd. 26/12/2022.