Kulgam court grants bail to POCSO accused after key witnesses fail to support prosecution case

Kulgam, May 19: A court in south Kashmir’s Kulgam district has granted bail to an accused booked under the Protection of Children from Sexual Offences (POCSO) Act after observing that the testimonies of key prosecution witnesses did not substantially incriminate him.

Principal Sessions Judge Kulgam Aijaz Ahmad Khan, while allowing the bail plea, observed that the prosecutrix and her mother, who have already been examined before the trial court, “have not materially supported the prosecution case against the accused.” The court also noted the period of incarceration the accused had undergone and the pace of the trial. “The accused has remained in judicial custody for more than one year and the trial is progressing slowly with only a few witnesses examined so far,” the court observed in its order. Referring to the possibility of witness influence or evidence tampering, the court said, “The statements of the material witnesses already stand recorded,” and therefore, “the apprehension of tampering with prosecution evidence has considerably diminished.” While acknowledging the seriousness of offences under the POCSO Act, the court said the gravity of the allegations alone cannot be the sole ground for denying bail. “Bail cannot be withheld merely on the basis of the seriousness of allegations and has to be considered on settled principles governing grant of bail,” the court observed. 

The court further said that factors such as “the likelihood of the accused absconding, influencing witnesses, or obstructing the course of trial” must be taken into account while deciding a bail application. Granting relief to the accused, the court imposed several conditions, including a direction restraining him from contacting the victim or her family members. The accused has also been barred from entering the locality where the victim resides and from leaving the Union Territory (UT) without prior permission from the court. The court further directed the accused to appear before the trial court on every date of hearing. Advocates Umer Nazir and Owais Qadir represented the accused, while the Public Prosecutor (PP) represented the UT.