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2022 Supreme(Cal) 1562

JAY SENGUPTA
Pradeep Ram – Appellant
Versus
State (U. T. of Andaman and Nicobar Islands) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. D.C. Kabir, Mr. S. Ajith Prasad, Mr. Alisham Venkatesh
For the Respondent: Ms. A.S. Zinu, Mr. Shareq Siddique Mr. Shahnawaz Alam

JUDGMENT :

Jay Sengupta, J.:

1. This is an application seeking transfer of Special Case No. 31/2021 under Sections 9, 10, 11 and 12 of the POCSO Act from the learned Special Court under the POCSO Act, Mayabunder, North and Middle Andamans to the learned Special Court, POCSO Act at Port Blair under the same Sessions Division. By an order dated 20.01.2022 the learned Sessions Judge Andaman & Nicober Islands at Port Blair was pleased to reject the petitioner’s prayer for transfer of the case under Section 408 of the Code.

2. The contentions of the petitioner, as presented before this Court by his learned counsel Mr. D.C. Kabir, are as follows. The petitioner was an Additional Public Prosecutor and a Special Public Prosecutor for a case under the POCSO Act in which the present de facto complainant was the victim. In that case both the accused and the victim were juveniles. First, there was a dispute between the Presiding Officer of the learned Special Court at Mayabunder and the present petitioner regarding deployment of security personnel in the Court compound. On a date fixed for evidence in the said case, the petitioner asked the victim to come to his chamber to refresh the facts. She

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