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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DR JUSTICE VENKATA JYOTHIRMAI PRATAPA, J
Pemula Simhadri, Pemula Simhadri S/o. Sriramulu – Appellant
Versus
State of Andhra Pradesh, Represented By Its Public Prosecutor High Court of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner's counsel argues (Para 3) |
| 2. respondents argue against quashment (Para 4 , 5) |
| 3. point for determination (Para 6) |
| 4. inherent powers of the court (Para 7) |
| 5. details of the complaint (Para 8) |
| 6. victim's statement (Para 9 , 10 , 11 , 13 , 14 , 15) |
| 7. proceedings quashed (Para 16) |
ORDER :
The instant petition under Section 482 of Code of Criminal Procedure, 1973, [for short ‘Cr.P.C’]has been filed by the Petitioner/Accused, seeking quashment of the proceedings against him in S.C.No.92 of 2020 on the file of the Court of I Additional District and Sessions Judge-cum-Special Judge for trial of offences under the Protection of the Children from Sexual Offences Act, Nellore for the offences under Sections 366 and 376(1) of the Indian Penal Code, 1860, [for short ‘I.P.C.’]and Sections 12 read with 11 and Section 4 read with 3 of POCSO Act, 2012.
2. Heard Sri G.Arun Showri, learned counsel for the Petitioner, Ms.K.Prasanna Lakshmi, learned Assistant Public Prosecutor for State/Respondent No.1 and Sri G.Rohith, learned counsel representing Sri P.Badrinath, learned counsel for Respondent Nos.2 and 3.
3. Learned counsel for the Petitioner/Accused would submit that the Peti
The court ruled that no prima facie case existed against the accused as the victim had attained majority and voluntarily left with him, leading to the quashment of proceedings under Section 482 Cr.P.....
Serious offences under the POCSO Act cannot be quashed based on settlements, as they affect public interest and the dignity of victims.
The court established that the burden of proving a victim's age lies with the prosecution, and the absence of reliable evidence necessitates giving the benefit of doubt to the accused.
If a minor voluntarily leaves the guardianship and joins someone without inducement or pressure, no offence under Section 363 IPC is made out if the girl is aged more than 17 years and is mature enou....
Point of law : Power under Section 320 of Cr.P.C., may be exercised only where the parties have settled their dispute and the same also depends upon the facts of each case. It is also held that befor....
The jurisdiction of a Special Court under the special legislation is strictly dependent on the victim's age. When age is disputed, the court must conduct a formal inquiry under the relevant juvenile ....
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