Sexual Offenses Leave A Deep Impact On The Victim And Granting Bail To The Accused Undermines Public Confidence - J&K HC

The High Court of Jammu & Kashmir and Ladakh has recently emphasized the concerning rise in violent crimes against women and children and called for strict actions against perpetrators of such crimes. Justice Mohan Lal has denied bail to a man who has been in jail since June 2021 for sexually assaulting his neighbor's 10-year-old daughter. The Court has stated that false allegations of rape are unlikely, and leniency towards sexual offenses is unacceptable and contrary to the public interest. Sexual offenses leave a deep and lasting impact on the victim's dignity, chastity, honor, and reputation, and granting bail to the accused would undermine public confidence.

A woman was sexually assaulted by a man while she was drawing water from a tap in her locality. The perpetrator threatened her to keep quiet about the incident, but she eventually confided in her parents a week later, leading to the arrest of the accused. He was charged under Section 376 of the IPC and Section 4 of the POCSO Act. The accused argued that he was wrongly accused by the victim's family, as they were involved in a dispute over a civil matter concerning the passage outside their homes.

The Court acknowledged that rape is a heinous crime that leaves a lasting impact on the victim's well-being and psychological health. The Court observed that the alleged offenses carry severe punishment, including life imprisonment or a minimum jail term of 20 years.