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2020 Supreme(Chh) 474

SANJAY K.AGRAWAL
Ram Swarup Rajwade – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
For the Appellant :Aditi Singhvi, Advocate
For the Respondents:Sunil Otwani, Additional Advocate General Amicus Curiae:Anurag Dayal Shrivastava, Advocate

ORDER :

Sanjay K. Agrawal, J.

1. The short question that emanates for consideration in this writ petition is,

    "If an accused has been charged for offence punishable under the penal provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the SC-ST Act of 1989') and simultaneously also charged under the penal provisions of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act') at the same trial, whether, in that situation, the special court constituted under the SC-ST Act of 1989 or the special court constituted under the POCSO Act would have jurisdiction to try the offences punishable under both the Acts?"

2. The petitioner/accused herein has been charge-sheeted for the offences punishable under Section 376 of the IPC, Section 6 of the POCSO Act and also Section 3(2)(v) of the SC-ST Act of 1989 and he is standing trial for the aforesaid offences in the Court of Special Judge (Atrocities) constituted under the SC-ST Act of 1989, Korba in Special Case (SC/ST) No. 35/2019, as charge-sheet has been filed on 8-7-2019 and charges have been framed against him by that Court on 4-10-2019. The victim was also e

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