Court rejects bail in child trafficking case

Kashmir Times. Dated: 2/20/2020 11:22:28 AM

JAMMU, Feb 19(JNF): In a significant move towards upholding and protecting the child rights, Principal Sessions Judge Baramulla Sanjeev Gupta Wednesday rejected the bail application of one accused in child trafficking.
Principal Sessions Judge Baramulla Sanjeev Gupta also directed the Inspector General of Police Kashmir to conduct in depth investigation in the matter through a team of highly professional police officers in a time bound manner. The Judge also passed a direction for providing compensation to the minor victim under Victim Compensation Scheme 2019.
While rejecting the bail application, the court held, “The accused is not entitled for bail. By observing that it cannot be denied at a moment that period of custody is a relevant factor but simultaneously the totality of circumstances and heinousness of the offence are also to be weighed.”
Accordingly, the accused namely Zuha Farooq resident of Dalgate Srinagar was arrested by the police station Pattan in case FIR No 179/2019 for 363, 366-A, 376, 344 RPC and 4-17 POSCO Act. He was found abettor who abetted co-accused and other unknown persons to commit rape of victim by pushing her to flesh trade.
As per the facts of the case, the victim who is a minor aged 15 and a half years, was kidnapped by another accused namely Tanveer Ahmad Sheikh alias Parvaiz from Pattan who took her in his auto to Dalgate Srinagar and confined her at a house where she was raped by some persons. Thereafter victim on next day was handed over to the prime accused Zuha Farooq who took her to Jammu in an Innova vehicle driven by one namely Sameer. After reaching Jammu, victim was forced by the Zuha to establish sexual relations with many persons at different hotels for a month after confining her in a house.
However, the police arrested three more accused namely Vickey Kumar and Lucky Dogra from Jammu who had raped the victim at Jammu and Tanveer Ahmad Shiekh alias Parvaiz who had raped the victim at Srinagar.
“After filing the charge sheet against the petitioner as well as the accused Vickey Kumar and Lucky Dogra, the statement of the victim reveals that it is a case of human trafficking and she was forced to consume drugs and liquor and was subjected to rape by many persons at Srinagar and Jammu wherein the accused Zuha Farooq played a major role,” the court held.
Principal Sessions Judge Baramulla, who has powers of special judge under Prevention of Children from Sexual Offence (POSCO) Act, has taken a strong note of perfunctory investigation conducted by the police in the case by observing that sex trafficking of a minor is worst type of crime. The Judge also held that the victim may suffer for long lasting physical and psychological trauma besides a societal interest is always there.



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