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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 :
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.
4. Learned Counsel for Respondent Nos.2 and 3 would submit that there are specific allegations against the Petitioners and that the victim was a minor by the date of the alleged incident. Learned counsel would further submit that this Court cannot determine the age of the victim at this stage and the truth or otherwise of the said allegations have to be proved during trial. As such, the proceedings against the Petitioner cannot be quashed at the threshold.Hence, prayed for dismissal of the petition.
Point for Determination
Whether the proceedings against the Petitioner/Accused in S.C.No.92 of 2020 on the file of the Court of I
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....
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
(1) It is only when there is penetrative sexual assault which implies sexual contact with or without consent of minor victim, that offences under POCSO Act are committed.(2) Only in absence of birth ....
It stands well settled that circumstances not put to an accused under Section 313 Cr.PC. cannot be used against him and must be excluded from consideration - In a criminal trial, importance of questi....
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