Nainital Rape Case | Court Denies Bail To 73-Year-Old Accused Booked Under POCSO, SC/ST Acts

FTC/Addl. District & Session Judge (Under POCSO Act-2012), Haldwani, Sudhir Tomar denied bail to accused Mohammed Usman noting that the victim has supported the prosecution's case in her statements made under Section 180 and 183 BNSS and that the accused, who is alleged to have committed a serious offence, may tamper with evidence if released on bail.

“The victim has supported the prosecution's story and the incident mentioned in the First Information Report in her statements under Section 180 and 183 B.N.S.S. The victim has also accepted in her statements given to the doctor during the medical examination…The accused is a person with influence, if he is released on bail, there is a possibility of him influencing the evidence. The accused, who is a person of more than 70 years of age, is alleged to have committed a heinous and heinous crime like rape of a 12-year-old minor girl. The crime committed by the accused is of a serious nature. The basis of bail is not sufficient,” the Court's order reads.

It may be noted that the incident, involving a Hindu girl, had ignited communal tensions and property damage in Nainital. Even the High Court reprimanded the district administration and SSP PS Meena for failing to prevent the vandalism of shops and restaurants in the market area where the accused's office is situated.

The Court recently also expressed strong displeasure over the trolling of judges and advocates on social media in connection with the rape case.

Accused-Usman has been accused of luring the victim, who was going to her home from the market, by offering her Rs 200 and thereafter, raped her at knifepoint.

The girl narrated the incident to her family, following which a police complaint was filed in the matter and the accused was booked under Section 65(1), 351 (1) BNS and Section 3/4 POCSO Act and Section 3(1)(b) (i), 3(v) (ii) SC-ST Act.