Kashmir court convicts faith healer ‘Pir Baba’ for child sexual abuse

A Chief Judicial Magistrate Court in Kashmir's Sopore has convicted Aijaz Ahmad Sheikh, a self-proclaimed faith healer known as “Pir Baba,” under Section 377 of the Ranbir Penal Code (RPC) for sexually abusing a minor [UT of J&K V/s Aijaz Ahmad Sheikh]..Chief Judicial Magistrate Baramulla Mir Wajahat handed down the conviction to the accused.“This Court, upon meticulous examination of the evidence presented, finds that the prosecution has successfully discharged its burden of proving the guilt of the accused beyond a reasonable doubt,” the Court said. .The judgment said that the accused exploited his position and the vulnerability of his victims to exert control over them and abuse them. “He subjected PW3 and PW8 to unnatural sexual intercourse during their minority, exploiting their vulnerability under the guise of offering blessings. By dominating their will, manipulating their psyche, and exerting control, he subjected their bodies, minds, and souls to persistent acts of brutality over the years, shrouding his crimes in ostentation while inflicting upon them the unbearable shame of his misconduct,” the Court stated..The case came to light in 2016 when the minor victim disclosed years of sexual abuse to his father, leading to the registration of a first information report (FIR) under Section 377 of the RPC. The investigation uncovered a disturbing pattern of abuse spanning from 2012 to 2016, during which Sheikh systematically targeted minor boys under the pretext of spiritual guidance. He subjected them to unnatural sexual acts while instilling fear of supernatural retribution should they resist. As the case progressed, multiple victims stepped forward, recounting harrowing accounts of their suffering. The testimonies revealed a consistent pattern of psychological manipulation, coercion and prolonged abuse. The accused employed coercion through religious and supernatural threats, making the victim believe that resistance would lead to divine punishment or harm from supernatural forces. This psychological manipulation ensured compliance, preventing the victim from disclosing the abuse for an extended period.During the trial, the prosecution argued that the victims' testimonies were credible, consistent and corroborated by independent witnesses.The prosecution also justified the delay in filing the FIR, saying victims had refused to come forward due to trauma and stigmaIt was further contended that the accused had misused his religious influence to exploit and subjugate his victims. The defense, on the other hand, claimed that the allegations were fabricated and motivated by financial enmity. The accused also highlighted the delay in lodging the FIR as a factor undermining the credibility of the accusations.It was also submitted that there was no medical evidence proving that the victim was subjected to sexual abuse.The medical examination of the victim did not reveal any signs of physical injury or sexual assault, it was contended.Further, the accused said there was no DNA or forensic evidence linking him to the crime..The Court rejected the arguments of the accused.It ruled that financial enmity was unsubstantiated and that medical evidence was not mandatory in cases where victim testimonies is reliable."The victims‘ testimonies remain unshaken and credible, forming a strong basis for conviction," the Court said.The delay in lodging the FIR has been satisfactorily explained by victim trauma and societal pressure, the judge ruled.The influence wielded by the accused as a religious leader created fear and intimidation making it difficult for victims to speak out, the Court opined.Multiple victims independently corroborating each other indicated a systematic pattern of abuse, the Court held.The testimonies were "consistent, cogent, and unshaken" even under cross-examination, the Court concluded while convicting the accused under Section 377 IPC. The quantum of sentence would be decided after hearing all parties..The Court also ordered registration of separate FIRs with respect to five other victims who had testified as witnesses in the present case."The Superintendent of Police, Sopore, is directed to immediately facilitate the registration of separate FIRs concerning PW4, PW5, PW9, PW11, and PW12, ensuring that each victim‘s claims are adjudicated separately. The District Legal Services Authority (DLSA) is requested to provide immediate legal aid to these victims to safeguard their access to justice and file compliance report within ninety days, detailing the steps taken for separate FIR registration and investigation," the Court ordered.