Kashmir Court Convicts 'Pir Baba' For Systemic Sexual Abuse Of Minors Under Guise Of 'Spiritual Healing'

The case, which had sent shockwaves through the region, involved systematic abuse under the guise of spiritual healing, with the accused exploiting his position of religious authority to manipulate and sexually assault victims.

Convicting him Chief Judicial Magistrate Baramulla Mir Wajahat observed,

“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”

It added, “The established legal principles governing sexual offenses leave no room for doubt regarding the accused's guilt. 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 case came to light in 2016 when a minor victim (PW8) disclosed years of sexual abuse to his father (PW1), leading to the filing of an FIR under Section 377 of the Ranbir Penal Code (RPC). The investigation revealed that the accused had been targeting minor boys under the pretext of spiritual guidance, subjecting them to unnatural sexual acts while instilling fear of supernatural consequences if they resisted​.

Multiple victims later came forward, detailing a pattern of abuse stretching from 2012 to 2016. The accused allegedly threatened his victims with divine retribution and manipulated them into silence. As the case progressed, harrowing details of coercion and psychological torment emerged, strengthening the prosecution's case​.

During the trial, the prosecution, represented by Assistant Public Prosecutor Mirza Zahid Khalil had argued that the victims' testimonies were credible, consistent, and corroborated by independent witnesses. He further submitted that the delay in lodging the FIR was justified due to trauma and societal stigma. Seeking conviction Khalil asserted that the accused misused his religious authority to manipulate victims into submission.

The defense countered by claiming that the allegations were fabricated due to financial enmity. They also pointed out the delay in lodging the FIR and submitted that the same had cast doubt on the authenticity of the case.

Rejecting the defense's arguments, the court ruled that financial enmity was unsubstantiated and that medical evidence was not mandatory in cases where victim testimonies remained unshaken.

After meticulously examined the evidence the court noted that the testimonies of PW3 and PW8 were "consistent, cogent, and unshaken," even under cross-examination. Their statements under Sections 161 & 164-A CrPC aligned with their depositions, leaving no room for reasonable doubt, it underlined.

“PW4, PW5, PW7, PW9, and PW11 have courageously recounted harrowing accounts of their suffering. Their testimonies remain unwaveringly consistent; however, this judgment refrains from extensive elaboration or deliberation, solely to uphold the sanctity of the impending investigation, which must proceed after the registration of separate FIRs”, the court remarked.

It added,

“If this judgment serves as a catalyst for those silent voices—who have long endured unspeakable trauma, struggled in the shadows of despair, and now look toward the law with the last vestiges of hope—then justice has, in some measure, already begun to prevail”

The court ruled that the delay was satisfactorily explained as the accused's influence as a religious leader created fear and intimidation, making it difficult for the victims to speak out. Legal precedents, including State of Punjab v. Gurmit Singh (1996), supported this position​.

The court reasoned that multiple victims independently corroborated each other's accounts, demonstrating a systematic pattern of abuse. The accused's spiritual coercion was instrumental in silencing his victims, reinforcing his culpability, the court explained.

The defense's claim that the case was motivated by financial disputes was dismissed as speculative and lacking evidence. The court emphasized that allegations of sexual abuse cannot be undermined by mere financial counterclaims.

After considering all aspects of the case, the court found Sheikh guilty beyond a reasonable doubt and hence convicted him under Section 377 RPC

Case Title: UT Of J&K Vs Aijaz Ahmad Sheikh

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