Srinagar: The High Court of Jammu and Kashmir and Ladakh at Srinagar has granted bail to a 75-year-old man accused of sexually assaulting his granddaughter in a case registered at Anantnag, after observing that key prosecution witnesses did not support the allegations during trial and that the statutory presumption under the POCSO Act stood prima facie rebutted.
The bail was granted by Justice Sanjay Dhar in a Bail Application filed by Ghulam Nabi Ganie, who was arrested in connection with FIR No.222/2024 registered at Police Station Anantnag for offences under Section 64 of the Bharatiya Nyaya Sanhita and Sections 5(n) and 6 of the POCSO Act. The case was pending trial before the Principal Sessions Judge, Anantnag, reported news agency Kashmir Dot Com.Ana
According to the prosecution, the complainant, who stated she was 19 years old at the time of lodging the complaint, accused her grandfather of repeatedly sexually exploiting her over several years. She alleged that the matter came to light after a video purportedly showing the accused was circulated and later uploaded by social worker Dr. Abdul Bari, following which she approached the police with assistance from him. During investigation, her medical examination was conducted, DNA samples were collected, and her statement was recorded before a Magistrate. After completion of investigation, a chargesheet was filed and charges were framed against the accused in March 2025.
However, during the course of trial, the prosecutrix did not support the prosecution case. In her deposition before the trial court, she stated that she had lodged the complaint in a state of anger and denied that her grandfather had sexually assaulted her. She was declared hostile and cross-examined by the prosecution, but she continued to deny the allegations. She further stated that she had given incorrect information earlier and expressed regret over making false allegations. She also denied that she was the person shown in the video relied upon by the prosecution, stating that although the accused appeared in it, the girl shown was not identifiable.
The High Court also took note of the statement of the prosecutrix’s father, who alleged that the case was the result of a dispute involving Dr. Abdul Bari and claimed that pressure was exerted regarding property matters. The court observed that both the prosecutrix and her father had failed to make any incriminating statements against the accused during trial, and that the DNA report did not implicate him.
While considering the bail plea, the court held that although offences under the POCSO Act are grave and attract statutory presumptions, such presumptions are rebuttable. In the present case, the court found that the evidence recorded during trial prima facie rebutted the presumption of guilt. The court further noted that the accused had already spent about one year in custody, that material witnesses had been examined, and that there was no likelihood of tampering with evidence. The advanced age of the accused, who is stated to be over 75 years old and suffering from multiple ailments, was also taken into account.
Allowing the bail application, the High Court directed the release of the accused on furnishing a personal bond of Rs 50,000 with two sureties of the same amount, subject to conditions including regular appearance before the trial court, restriction on leaving the Union Territory without permission, and a direction not to intimidate or influence witnesses. The court clarified that the observations made in the order were limited to the bail application and would not affect the merits of the ongoing trial. (KDC)
