Sexual Assault Case: HC Refuses Bail Despite Victim Turning Hostile

(MENAFN- Kashmir Observer) Srinagar- The High Court of J&K and Ladakh has rejected the bail plea of a man accused of kidnapping and sexually assaulting a minor girl, holding that the victim turning hostile during trial did not, by itself, nullify the prosecution case, particularly when medical, forensic, electronic and circumstantial evidence remained on record.

A bench of Justice Sanjay Parihar dismissed the bail application by M A Khachoo, who is facing prosecution in FIR (No. 30/2025) registered at Police Station Parimpora under Sections 137(2), 64 and 65 BNS read with Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012.

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The prosecution alleged that the minor had gone to a circus exhibition at Parimpora on April 13, 2025, and did not return home. She returned in the early hours of the following day, following which she allegedly disclosed that she had been kidnapped and sexually assaulted.

During investigation, the victim underwent a medical examination and forensic samples were collected. The prosecution relied on the detection of human spermatozoa in the vaginal swab, vaginal smear and the victim's clothing, besides medical evidence suggestive of recent sexual intercourse.

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It also relied on the victim's alleged identification of the accused during investigation, recovery of hair strands from a vehicle allegedly used in the offence, testimony of witnesses and a Rs 200 UPI transaction allegedly made by the accused for purchasing food while he was with the victim.

The accused argued that the victim had failed to identify him before the Trial Court and had turned hostile, while her father had also not fully supported the prosecution version. It was further contended that the forensic evidence did not conclusively link him to the offence as the male contributor in the mixed DNA profile could not be identified.

The Court, however, observed that the testimony of a hostile witness is not automatically effaced from the record and that portions found credible and corroborated by other evidence could still be considered.

It noted that the victim's deposition did not amount to a complete and unequivocal exoneration of the accused and that the prosecution case did not rest solely on her testimony.

The Court said the material, including medical and forensic evidence, testimony of other witnesses, electronic evidence relating to the UPI transaction and other circumstantial material, prima facie supported the prosecution case and required examination during trial.

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Observing that bail courts are not required to undertake a detailed appreciation of evidence or decide the credibility of witnesses, the Court said the gravity of the allegations, the age and vulnerability of the child-victim, the stage of the trial and the prima facie material on record had to be considered.

Holding that there was no illegality or material irregularity in the Trial Court's order refusing bail, the court dismissed the application.

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