Srinagar: The Jammu and Kashmir High Court has granted bail to Fayaz Ahmed Dar, accused of trying to rape his niece. The court said that undressing himself and the victim by an accused without penetration cannot be considered an attempt to rape under Section 376/51 of the Indian Penal Code (IPC). While granting his bail, it has been termed as a case of sexual assault under Section 7/8 of the POCSO Act.
According to media reports, Justice Sanjeev Kumar of the Jammu and Kashmir High Court said, "In this case, the petitioner had allegedly stripped the victim of her clothes. He had also untied his pants. It was an attempt to prepare to try to commit a crime. But, it is difficult to conclude whether the petitioner intended to rape or that the act done by the petitioner was like an attempt to commit rape. Fayaz was booked under Sections 376, 354, 511 of IPC and Section 8 of the POCSO Act for trying to rape his own minor niece.'' According to the report, the victim lived in the neighborhood of the accused and had gone to her shop to buy mobile accessories.
According to the statement of the minor victim, the accused had allegedly locked her mouth with tape. He had taken off her and his pants. But, in the meantime, when the accused's brother came there, he removed the tape from his mouth and left. Granting bail to Fayaz, the High Court said, "To believe the statement of the victim, it was initially as an attempt to rape. Therefore, section 511 of the IPC does not appear. It can be punishable under Section 354.''