STATE TIMES NEWS
JAMMU: In a significant judgment, Principal Sessions Judge Ganderbal, Abdul Nasir, on Monday convicted and sentenced Ulfat Ahmad Magray, a resident of Khanan, Kangan, to 10 years of rigorous imprisonment in a case registered under the Protection of Children from Sexual Offences (POCSO) Act. The case was filed under FIR No. 24/2020 at Police Station Kangan, relating to the sexual assault of a minor girl.
The case dates back to April 2020, when the father of the victim, a minor girl studying in Class 10, lodged a written complaint before the Kangan police station.
He alleged that the accused had lured his daughter to a forested area under the pretext of marriage and sexually assaulted her.
The matter came to light only when the girl complained of pain and was taken to a hospital, where she was found to be nine months pregnant. The victim gave birth to a girl child the next day.
During the investigation, a DNA test conducted by the Forensic Science Laboratory (FSL) Srinagar confirmed that the accused was the biological father of the child born to the victim.
Further, a medical age determination report concluded that the victim was 17 years old at the time of the offence.
In his judgment, the Principal Sessions Judge ruled that since the victim was a minor, her consent-if any-holds no legal validity under the law. The court held that the prosecution had successfully proven its case beyond reasonable doubt. The court further noted that under Sections 29 and 30 of the POCSO Act, the burden was on the accused to rebut the presumption of guilt, which he failed to do.
While the accused was acquitted of the charge under Section 506 IPC (criminal intimidation) due to lack of evidence, he was convicted under Sections 3 and 4 of the POCSO Act and sentenced to 10 years of rigorous imprisonment, along with a fine.
The court also acknowledged that although the victim and accused were later reported to be living together and had married after the incident, the fact remained that the offence occurred when the victim was legally a child.
