Kupwara court denies bail to woman for aiding rape of her minor daughter [details]

A local court in north Kashmir's Kupwara district of Jammu and Kashmir on Wednesday rejected the bail application of a woman, who is accused of aiding the sexual assault of her minor daughter.

According to the local news agency, the woman, who was arrested after committing the crime, sought bail claiming that she is innocent. The accused through her counsel pointed towards contradictions in the statements of witnesses recorded during the trial.

The Assistant Public Prosecutor objected to the plea of the accused and there is no ground to grant bail to the woman because she was involved in the heinous crime.

The Assistant Public Prosecutor pointed out that the minor victim in her statement recorded under section 164 has expressly deposed that her mother is involved in the crime in question, and she has aided the accused in inflicting rape on her.

He argued that the minor victim according to her statement was drugged before sexual assault and the charges levelled against the accused are disgraceful, and heinous in nature.

The Assistant Pubic Prosecutor further argued that mere contradictions in the statements of the witnesses don't give the absolute right of bail to the accused as the victim was below 16 years of age at the time of the commission of the crime.

Court rejects bail application

After hearing the arguments, the presiding officer of the POCSO court, withheld the discretionary relief of bail to the applicant and said that the reverse burden contemplated under section 29 of the POCSO Act must not only be strictly complied with but also may be subject to proof of some basic facts as envisaged under the statute.

He observed that it cannot be decided at this stage that the prosecution story is doubtful. According to reports, on August 21, 2020, a minor girl alleged that she was raped by a man, who was aided by her mother.

Following the allegations, police registered a case under sections 376, and 109 of IPC and 4 and 17 of the POCSO Act at police station Kupwara.