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2022 Supreme(SC) 1806

D. Y. CHANDRACHUD, J. B. PARDIWALA
Manendra Prasad Tiwari – Appellant
Versus
Amit Kumar Tiwari – Respondent


Advocates Appeared:
Siddharth Singh, Advocate, for the Appellant; Ms. Ankita Choudhary, Dy AG, Swarnendu Chatterjee, Ms. Pragya Parijat Singh, Himanshu Nailwal, Ambuj Tiwari, Ms. Deepakshi Garg, Yashwardhan Singh, Sunny Choudhary, Manoj, Advocates. for the Respondent.

JUDGMENT

J. B. Pardiwala, J.

This appeal, by special leave, is at the instance of the original first informant (father of the deceased) and is directed against the judgment and order passed by the High Court of Madhya Pradesh at Jabalpur dated 02.12.2021 in the Criminal Revision Application No. 211 of 2021 by which the High Court allowed the revision application filed by the accused (respondent No. 1 herein) and thereby set aside the order passed by the trial court framing charge against the accused of the offence punishable & discharged him under Section 376 of the Indian Penal Code (for short, "IPC") and Sections 5 and 6 resply of the Protection of Children from Sexual Offences Act, 2012 (for short, POCSO Act").

FACTUAL MATRIX

2. The facts of this litigation are quite heart-breaking and at the same time, more disturbing is the utterly incomprehensible impugned judgment of the High Court discharging the accused of the offence of rape essentially on the ground of delay in the registration of the First Information Report (FIR).

3. Since this litigation arises from the First Information Report (FIR) registered for the offence punishable under Sections 376 of the IPC and the provisions of

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