The court said the minor girl’s statement alleging the petitioner’s involvement in the crime is not supported by any scientific evidence. (AI-generated image)The Jammu and Kashmir and Ladakh High Court recently granted bail to a man accused of sexually assaulting a 16-year-old girl, holding that an accused cannot be kept behind bars just to teach him a lesson or to satisfy the conscience of society.Justice Sanjay Dhar, while hearing the bail plea, noted that the petitioner had remained in custody for around a year. The court observed that merely facing trial for serious offences was “not a good enough reason” to deny him bail, particularly when his involvement in the alleged crime appeared to be “highly doubtful”.“The concession of bail to the petitioner, in these circumstances, cannot be denied just to teach him a lesson or to satisfy the conscience of the society as it would amount to inflicting pre-trial punishment upon them, which is impermissible in law,” the July 31 order read.The case arose after the father of a minor girl filed a police complaint claiming that she had been missing from home since November 2024. During the course of the investigation, the girl’s maternal uncle allegedly found her in a market in Srinagar. During the initial probe, the girl claimed she was raped by four persons at four different places on different days.She sought strict action against one of the accused and two ‘uncles’, including one who allegedly had forcible sexual intercourse with her in a hotel. During the investigation, the bank account details of one of the accused revealed that he had made a payment to the hotel where the alleged crime took place. The present petitioner, who is the fourth accused in the case, was arrested in May 2025. Justice Sanjay Dhar said there is no legal bar to granting bail to an accused in a POCSO case.‘Inconsistencies in statement’The fourth accused, represented by advocate Danish Majeed and others, argued that the trial court failed to properly appreciate the survivor’s statements. He said the inconsistencies and contradictions in the survivor’s statements make her story unconvincing. It was argued that even the scientific evidence did not support the allegation that the petitioner committed sexual intercourse with the minor.Also Read | ‘Democracy won’: Meet the lawyers backing student protesters at Delhi’s Jantar MantarRepresenting the state, Additional Advocate General Mohsin Qadri argued that the survivor supported the prosecution’s version while making her statement before the court. It was argued that there is material on record to support the petitioner’s involvement in the alleged crime.Story continues below this adIt was argued that in case the petitioner is granted bail, there is every chance that he will tamper with other witnesses whose statements are yet to be recorded.No scientific evidence: HCNoting that the involvement of the fourth accused in the alleged crime was found during the investigation and charges were also framed against him, the high court said, “Thus, there is a statutory presumption of guilt operating against him.”It added that there is no “statutory bar” to the grant of bail in a case involving offences under the Protection of Children from Sexual Offences (POCSO) Act, while stating that each case had to be considered on its peculiar facts and circumstances.Also Read | 43-year-old man dies after pacemaker surgery ‘goes wrong’, wife gets Rs 33 lakh payoutNoting that the DNA profiling of the minor did not reveal the presence of any foreign DNA, the court clarified that her statement regarding the petitioner’s involvement in the alleged crime is not supported by scientific evidence.Story continues below this adObserving that the minor stated that she had no grievance against the man, the court said, “On the basis of aforesaid nature of statement of the prosecutrix, it has been contended that there is remote possibility of conviction of the petitioner in the present case,” and granted bail to the fourth accused.Richa Sahay is a Legal Correspondent for The Indian Express (Digital), where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More