High Court of Jammu & Kashmir and Ladakh: No leniency for perpetrators of violent crimes against women and children
In a recent order, the High Court of Jammu & Kashmir and Ladakh denied bail to a man accused of raping a 10-year-old girl, noting that no self-respecting woman would falsely implicate a man for such a heinous crime. The Court emphasized that violent crimes against women and children are on the rise, and therefore, courts must not show any leniency to persons booked for such crimes.
Justice Mohan Lal, while denying bail to the accused, stated that rape is the most abhorred crime in society, leaving an indelible scar on the victim’s dignity, chastity, honour, and reputation. The accused had allegedly threatened the victim not to disclose the incident to anyone, but she eventually revealed the ordeal to her parents, following which the accused was arrested.
The accused had claimed that he was falsely implicated in the case due to a dispute between the two families. However, the Court rejected his plea, noting that the charges against him attract imprisonment till the remainder of his natural life or a minimum jail term of 20 years.
The Court further noted that showing leniency in matters involving sexual offences is against public interest, and such acts leave a serious psychological impact on the victim and their family. Granting bail to the accused in this case would have led to the danger of the course of justice being thwarted and shaken the confidence of the people at large.
The Court emphasized that granting severe punishment to perpetrators of such crimes increases the chances of them absconding or fleeing during trial if released on bail. The accused has been charged under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) Act.
In conclusion, the Court’s order reiterates the need to deal with perpetrators of violent crimes against women and children with an iron hand, and not to show any leniency towards such offenders.
The High Court of Jammu & Kashmir and Ladakh denied bail to a man accused of raping his neighbour’s 10-year-old daughter, noting that rape is a heinous crime that leaves an indelible scar on the victim’s dignity and reputation, and leniency in such matters is against public interest.
Read Order:
Sunil_Kumar_vs_UT_of_J_K