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RAKESH MOHAN PANDEY
State Of Chhattisgarh Through Police Station City Kotwali – Appellant
Versus
Vinod Chouhan S/o. Ramlal Chouhan – Respondent
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ORDER :
1. In the present petition, the petitioner has challenged the order passed by the learned Additional Sessions Judge FTSC (POCSO) Korba, District Korba (C.G.) in Special Criminal Case (POCSO) No. 13/2020 (State Vs. Vinod Chouhan) whereby an application moved by the petitioner/State under Section 340 of Cr.P.C. has been rejected.
2. Facts of the present case are that the respondent/accused was being prosecuted for the commission of offences punishable under Sections 363, 366, 376(2) of IPC and Section 6 of POCSO Act, 2012 in connection with Crime No. 24/2023 registered at Police Station-City Kotwali, District Korba (C.G.).
3. It appears that the victim and her mother were examined as witnesses before the court below and they deposed contradictory statements in the judicial proceeding. Therefore, the Special Public Prosecutor moved an application before the court below to take cognizance of the matter under Sections 340 and 344 of Cr.P.C. against the victim and her mother. Learned trial court after hearing the Special Public Prosecutor vide order dated 22.11.2022 placing reliance on the judgment passed by the Hon’ble Supreme Court in the matter of Amarsang Nathji Versus Hardik Ka
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