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M. NAGAPRASANNA
Shivamurthy Murugha Sharanaru, S/o. Gurumurthaiah – Appellant
Versus
State of Karnataka, By Chitradurga Rural Police Station, Rep. by State Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. charges need to be grounded in sufficient evidence. (Para 1 , 2 , 3) |
| 2. accused must be notified of specific allegations. (Para 4 , 5 , 6) |
| 3. court’s responsibility to judiciously evaluate charge framing. (Para 7 , 8 , 9 , 10) |
| 4. eyeing broader context and implications of the law. (Para 11 , 12 , 13) |
ORDER :
Petitioner/Accused No.1 is before this Court calling in question orders dated 13-04-2023 (Crl.P.No.4511 of 2023) and 15-04-2023 (Crl.P.No.4513 of 2023) passed by the II Additional District and Sessions Judge, Chitradurga in Special Case (POCSO) No.181 of 2022 and 182 of 2022 registered for offences punishable under Sections 3 7 6(2)(n), 376DA, 376(3), 201, 506 r/w 34 & 37 of the IPC, Section 5 (L) & 6 of the POCSO Act, 2012 (‘POCSO Act’ for short), Section 3 (1)(w)(i)(ii), 3(2)(v)(v-a) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘the Atrocities Act’ for short), Section 3 (c), 3(f), 3(5) and 7 of the Religious Institutions (Prevention of Misuse) Act, 1988 (‘the 1988 Act’ for short) and Section 7 5 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘the 2015 Act’ for short).
2. Shorn of unnecessary details, facts i
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