Summary

Aijaz Ahmad Sheikh, a self-styled spiritual guide from J&K, has been found guilty under Section 377 of the RPC for the sexual exploitation of minors.

SRINAGAR: Aijaz Ahmad Sheikh, a self-styled spiritual guide from Jammu and Kashmir, has been found guilty under Section 377 of the Ranbir Penal Code (RPC) for the sexual exploitation of minors. The case, which unfolded over a decade, exposed the systematic abuse of religious influence and the prolonged struggle for justice faced by the survivors.

 

Manipulating Faith to Prey on Innocents

 

Known in local circles as “Pir Baba,” Sheikh gained the trust of families who believed in his so-called healing abilities. Testimonies in court revealed that he used fear tactics, claiming supernatural entities (“Jinns”) would harm children if they disobeyed him or spoke about the abuse. Many victims remained silent for years, trapped by psychological manipulation and social stigma.

 

The first FIR was registered on March 2, 2016, four years after the alleged abuse began. Despite charges being framed in October 2017, delays plagued the trial. The defence only presented its arguments on January 3, 2025, before the court reserved judgment for February 17, 2025.

 

A Poetic Judgment That Echoes Pain

 

Delivering the verdict, Judge Mir Wajahat acknowledged the systemic barriers faced by survivors. In an extraordinary move, he included verses from an original English poem, Whispers of Faith and Echoes of Fear, in his judgment:

 

“Fear the Jinn, but trust in me,

I hold the key, I set you free.”

 

“Yet chains were forged in holy guise,

Where trust was lost in silent cries.”

 

The judge’s poetic words encapsulated the deception, trauma, and betrayal endured by the victims.

 

Survivors’ Accounts and Legal Precedents

 

One of the key witnesses, PW8, the first to step forward, detailed Sheikh’s pattern of abuse—isolating children, coercing them into ritualistic subjugation, and threatening them into silence. Another survivor admitted to “pretending to walk normally” to conceal injuries from their parents.

 

The prosecution cited legal precedents like State of Punjab v. Gurmit Singh (1996) and Tulsidas Kanolkar v. State of Goa (2003) to argue that delayed reporting is common in sexual abuse cases and does not weaken the victims’ credibility. The court agreed, stating that trauma and societal stigma often deter survivors from speaking out.

 

Sheikh’s defence attempted to discredit the charges, alleging the case was a fabrication over an unpaid ₹8 lakh debt. However, the court dismissed this claim, citing the overwhelming evidence from multiple survivors. The defence also argued the absence of medical reports, but the court ruled that “sexual violence often leaves no physical traces” and upheld the consistency and graphic nature of victim testimonies.

 

Due to overlapping timelines, only two victims (PW3 and PW8) were included in the joint trial, but the court allowed other survivors to file separate cases.

 

Legal Consequences and Possible Appeal

 

Sheikh now faces a potential life sentence under Section 377 RPC, which criminalizes “unnatural offences.” His legal team may challenge the verdict, pointing to India’s 2023 adoption of the Bharatiya Nyaya Sanhita (BNS), which repealed Section 377. However, the court clarified that pending cases under previous laws remain valid.

 

This landmark conviction sets a precedent for prosecuting child sexual abuse in communities where cultural and religious authority is misused.

 

Reactions from Experts and Legal Analysts

 

Speaking to The New Indian, Sardar Nasir Ali Khan, a prominent media professional from the valley, condemned the abuse:

 

“He hid behind his appearance and manipulated parents into trusting him with their children, only to exploit them. This case is a stark reminder for parents to educate children about good and bad touch and to never leave them alone with anyone, no matter how trustworthy they seem.”

 

He also called for a dedicated helpline for child abuse cases, stating that 90% of such crimes go unnoticed because the perpetrator is often known to the victim’s family.

 

Rooman Muneeb, a lawyer practicing in the J&K High Court, commented on the delay in justice:

 

“The near-decade-long wait for conviction exposes systemic inefficiencies, but the eventual judgment proves that justice, though delayed, is not denied. This case highlights the urgent need for stricter regulations on self-proclaimed faith healers, who often exploit blind trust. Education on personal safety is critical to preventing such crimes. Society must move beyond superstitions and focus on empowering individuals with awareness to protect themselves.”

 

A Watershed Moment in Child Protection Laws

 

The case of UT of J&K through P/S Bomai v. Aijaz Ahmad Sheikh stands as a crucial legal precedent in tackling sexual abuse under the guise of religious authority.

 

The court meticulously examined evidence, including witness statements, forensic reports, and circumstantial corroborations. Survivor testimonies consistently exposed Sheikh’s modus operandi—deceiving families, isolating young boys, and subjecting them to repeated abuse.

 

Despite legal hurdles and procedural delays, the court’s ruling prioritized victim narratives, reinforcing the idea that fear and societal shame should never silence justice.

 

Legal experts have also praised the J&K Police’s role in conducting a thorough investigation, ensuring secure victim statements, airtight evidence collection, and survivor protection, all of which were instrumental in securing the conviction.

 

This case not only delivers justice to the victims but also demands urgent legal reforms to prevent such exploitation in the future.