Bail application for accused in gang rape of minor dismissed; court emphasizes victim-centric justice and statutory presumptions under POCSO Act.
The Jammu and Kashmir High Court at Srinagar, presided over by Justice Sanjay Dhar, has denied bail to Yasir Amin Khanday and another accused in a chilling case involving the gang rape of a 13-year-old minor girl. The judgment, delivered on November 21, 2025, underscores the legal principles enshrined in the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code (IPC), emphasizing victim-centric justice and the statutory presumption of guilt.
The case stems from an incident on March 3, 2024, when the victim, under threat of having a video made viral, was lured by the accused and subsequently raped. The heinous nature of the crime, involving intimidation and sexual assault, was compounded by the presence of a co-accused who recorded the act on his mobile phone, further threatening the victim.
Legal representatives for the petitioners argued for bail on the grounds of delays in the trial and jurisdictional issues, claiming the trial should have been completed within two months as per Section 309 of the Criminal Procedure Code (CrPC). However, Justice Dhar clarified that the timeline stipulated under Section 309 CrPC and the POCSO Act is intended to ensure speedy justice for the victim, not to facilitate bail for the accused.
The court also dismissed arguments concerning the jurisdiction of the trial court, affirming that Principal Sessions Judges in Jammu and Kashmir are designated as Special Courts for POCSO cases. It further noted that the statutory presumptions under Sections 29 and 30 of the POCSO Act apply, establishing a presumption of guilt unless rebutted by the accused-a presumption that was not successfully challenged by the petitioners.
In considering the bail application, Justice Dhar highlighted the severity of the charges and the potential punishment, which includes life imprisonment or even the death penalty under Section 6 of the POCSO Act. The court also took into account the character of the accused, the risk of witness intimidation, and the likelihood of re-offending, concluding that the circumstances did not warrant the granting of bail.
The judgment references several precedents, including decisions from the Supreme Court and Karnataka High Court, which similarly emphasize the need for victim-centric justice in cases involving sexual offences against minors. The court's decision reflects a stringent adherence to the statutory framework designed to protect vulnerable victims and deter heinous crimes.
Bottom Line:
Bail application under POCSO Act and IPC - Allegation of gang rape upon a minor girl - Delay in trial does not automatically grant the accused a right to bail - Provisions of Section 309 Cr. P. C and Section 35 of POCSO Act interpreted for ensuring victim-centric justice - Presumption of guilt under Sections 29 and 30 of the POCSO Act applies unless rebutted by the accused.
Statutory provision(s): Section 309 CrPC, Sections 5(g)/6, 29, 30, 35 POCSO Act, Section 376D IPC, Section 506 IPC
Yasir Amin Khanday v. UT Of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2812146
