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HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma
Chandra Prasad @ Chengta S/o Devi Prasad Ghasiya – Appellant
Versus
State Of Chhattisgarh Through Police Station Chirmiri, District Korea, Chhattisgarh – Respondent
Order :
(Arvind Kumar Verma, J.)
1. This criminal revision has been preferred by the applicant under Section 438 read with Section 442 of the BNSS, 2023, being aggrieved by the order dated 01.10.2024 (Annexure A/1) passed by the Special Judge (POCSO Act), Chirmiri, District Koriya (C.G.) in Special Criminal Case No.11/2024, whereby charge was framed against the applicant for the offence punishable under Sections 363, 366, 376(2)(i) of IPC and Section 6 of the POCSO Act, 2012.
2. Brief facts of this case is that on 10/06/2024 at around 03:30 P.M., while the minor victim was playing in front of her house the accused/present applicant took her in the cattle room belonging to one Inderpal in the neighborhood, whereby he undressed her underwear and he was touching the private parts of the minor victim by his hands. Further, when the grandmother of the victim reached there started and shouting, the accused/applicant ran away from the spot.
3. After investigation, police charge sheeted the applicant u/s 363, 366-A, 376-A, 376-B of Indian Penal Code and u/s 6 of the POCSO Act. On 01.10.2024, the charge was framed by the Special Judge, POCSO Act, Chirmiri, District Koriya(C.G.) u/s 363, 366, 37
The court upheld the framing of charges against the applicant for aggravated penetrative sexual assault, emphasizing the sufficiency of prima facie evidence at the charge stage.
A Criminal Court has the discretion to frame charges based on evidence from prosecution records, regardless of the police final report.
At the charge stage, only a prima facie case is required; minor delays in reporting sexual offences do not discredit the victim's account.
The court emphasized that the determination of consent in sexual offenses must be established through trial evidence, not at the charge framing stage.
The absence of specific allegations against the petitioner regarding gang rape under Section 376D of the IPC necessitates the setting aside of the charge, reaffirming the need for prima facie evidenc....
At the charge framing stage, only a prima facie case must be established, allowing for charges to be framed based on strong suspicion without detailed evaluation of evidence.
The court emphasized the need for careful handling of minor victim testimonies in sexual offense cases, stating that charges should be framed if sufficient suspicion exists.
The High Court's decision to discharge the accused based on delay in lodging the FIR was found to be erroneous and not in line with legal principles. The trial court was directed to proceed with the ....
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