SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Chh) 436

DEEPAK KUMAR TIWARI
Shailesh Sahu S/o Shri Shiv Kumar Sahu – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sajal Kumar Gupta, Rahul Tamaskar.
For the Respondent: Vinod Tekam.

ORDER :

1. Being aggrieved by the order dated 26.11.2022 passed by the Additional Sessions Judge, FTSC (POCSO), Korba in Special Case (POCSO) No. 44/2022 whereby, charge under sections 354, 354 (A), 354 (D) and 324 of the IPC and Section 8 of the POCSO Act has been framed against the applicant, this Revision has been preferred.

2. Learned counsel for the applicant submits that the charge framed by the trial Court is bad and contrary to law as there is no sufficient material available on record based on which the impugned order has been passed. He also submits that essential CCTV footage upon which applicant is relying has not been collected by the prosecution, therefore, at that time the applicant has filed an application under Section 91 of Cr.P.C. however, the trial Court not exercised its power under the aforesaid Section for summoning the material evidence. He also submits that the prosecutrix has demanded money from the applicant to taking back her complaint and in this regard applicant has made complaint before the Police on 16.03.2023. Learned counsel relying on the judgment rendered by the Hon’ble Supreme Court in the matter of Nitya Dharmananda alias K. Lenin and Another vs.

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top