Srinagar, Jan 10: The High Court of Jammu & Kashmir and Ladakh has granted a temporary bail to a rape convict and denied bail to another, who were involved in rape and kidnaping of minor girls besides immoral trafficking of women in 2006.
Hearing an application filed by the convicts seeking suspension of sentence and grant of bail in their favor, the court of Justice Sanjay Dhar noted that the evidence on record, prima facie, suggests involvement of the appellants in commission of sexual assault upon more than one victim and “it also appears that some of the victim girls have been subjected to sexual assault by more than one person.”
“Thus, gravity of the offences, for which the appellants have been convicted, is of exceptional nature which disentitles them to grant of bail on merits,” the court said.
However, Justice Dhar granted bail to Abdul Majid Bhat on medical grounds and refused the bail of Khurshid Ahmad Awan while observing that the medical condition of appellant is not of such a serious nature as would endanger his life due to his continued incarceration.
The accused were convicted for offences under Section 376 RPC in terms of judgment passed by the Additional Sessions Judge, Handwara on February 11, 2021.
As per the trial court record, one of the co-accused, Khursheed Ahmad died during the trial while the other co-accused, Zakir Ahmad Malik, was discharged by the trial court at the time of framing of the charges. The other accused in the case were acquitted of the charges.
Justice Dhar after perusing the trial court judgment observed that prima facie, it appears that at least some of the victim girls have in their statements implicated certain other accused as well.
“The trial court in its judgment has, without giving any reasons as to why the statements of victim girls to the extent of other accused have not been relied upon, observed that there is no evidence against these accused,” the court pointed out.
The single bench observed that for some unknown reasons, it seems, that the respondent-State has not chosen to file an acquittal appeal against the judgment of the trial court to the extent of those accused who were implicated by the victim girls in their statements.
“Not only this, according to the prosecution case, which has been accepted by the trial court to some extent, the victim girls were subjected to forcible sexual assault by more than one person,” it underscored.
In that eventuality, the court recorded, it may not be a case of simple rape but it may be a case of gang rape entailing enhanced punishment “but the respondent -State, it seems, has not taken note of this aspect of the matter also as it has not filed an appeal against the judgment of the trial court seeking enhancement of the punishment to appellant.”
“However, without commenting any further on this aspect of the matter, this Court feels that the respondent would do well to examine the aforesaid aspects of the matter and take an appropriate decision accordingly,” Justice Dhar said.
Earlier, on August 11, 2006, a written complaint was lodged by a resident of Handwara in police station Handwara stating that one Abdul Majid has kidnapped his minor sister,16, with an intention to rape her.
Thereafter, the parents of three more minor girls also lodged a complaint in the police station, Villgam, regarding the kidnapping of their daughters who had left for Handwara craft centre.
After investigation in the case, police busted a gang headed by a local journalist, Gulam Mohi-ud-din Bhat alias Raja Mohi-ud-din, editor of a local Urdu daily and a news agency and the then Janta Dal (U) leader, Khursheed Ahmed Mir that was pushing girls into prostitution.
It was alleged that Raja was clandestinely running a flesh trade racket under the garb of an NGO, ‘Women Welfare Organisation’.
The scandal came to light on August 11, 2006 when police arrested four missing girls and five men, including local JD(U) leader from a hotel in Rajouri district of Jammu.
The police conducted more than 60 raids at Srinagar, Baramulla, Uri, Rajour, Handwara and arrested 13 accused persons in the case.
The challan against 13 persons was produced under section 363, 376, 420, 292, 506 and 120-B Ranbir Panel Code (RPC) and section 3, 5 and 7 of the Prevention of Immoral Traffic Act (PITA).
The name of the 13 accused involved in the case and against whom challan was filed include Abdul Majid Bhat, resident of Handwara, Waheed Bhat, resident of Handwara, Khursheed Ahmad Awan, resident of Uri, Abdul Gani Mir, resident Daril Handwara, Nazir Ahmad Tantray, resident Khanbal Handwara, Aijaz Ahmad Lone, resident of Magam, Ghulam Mohiuddin Bhat alias Raja Mohiuddin, resident of Handwara, Khursheed Ahmad Mir, resident of Gantimolla presently Kantbagh Baramull, Mushtaq Ahmad Sofi, resident of Handwara, Ghulm Nabi Parry, resident of Mundigam, Mehboob Geelani, resident of Iribal Handwara, Mohammad Younis Manhas, resident of Ward No.8 Rajouri and Zakir Hussain Malik resident of Faizalabad Surnkote.
