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SWARANA KANTA SHARMA
Jitender Kumar – Appellant
Versus
State (NCT) of Delhi – Respondent
JUDGMENT :
Swarana Kanta Sharma, J.
The present revision petition filed under Section 397/401 of Criminal Procedure Code, 1973 (hereinafter ‘Cr.P.C.’) impugns the order on charge dated 07.09.2022 and the order framing charge dated 09.09.2022 passed by learned Additional Sessions Judge (POCSO)-06, West District, Tis Hazari Courts, New Delhi (hereinafter ‘Trial Court’) in Sessions Case No. 246/2022, whereby charges were framed against the petitioner for the offences punishable under Sections 323/354/506/34/354B/509 of Penal Code, 1860 (hereinafter ‘IPC’) and under Section 12 of Protection of Children from Sexual Offences Act, 2012 (hereinafter ‘POCSO Act’) in case FIR bearing no. 282/2022, registered at Police Station Tilak Nagar, New Delhi.
2. By way of present petition, the petitioner assails only the charges framed by the learned Trial Court under Section 509 IPC and Section 12 POCSO Act.
3. The case of prosecution is that on 16.02.2022, at about 10 : 45 AM, when the husband of the complainant/respondent no. 2 was leaving for work, the petitioner's wife had stopped him and had started hurling abuses at him. Upon him rejecting to such behaviour, the petitioner's wife had started creati
Charges under POCSO can be framed without new allegations if based on existing evidence, emphasizing the seriousness of claims made against the accused.
The importance of considering the victims' testimonies and statements as evidence in determining the addition of charges, and the requirement to allow the accused persons the opportunity to recall th....
At the stage of framing charges, the Court should only consider whether a prima facie case is made out, without conducting a mini trial or examining the probative value of evidence.
Section 218 provides that separate trials shall be conducted for distinct offences alleged to be committed by a person. Sections 219 and 221 provide exceptions to this general rule. If a person falls....
A judgment must explicitly formulate points for determination and provide a reasoned analysis of all evidence, including defense testimony. Failure to address the defense case, provide a logical narr....
Alteration of charge – Charge can be altered even after trial has progressed to a large extent.
Point of law : Scope of Section 220 Cr.P.C. by constructing the meaning of expression “same transaction”.
The court emphasized that a mere statement by the prosecutrix, though crucial, must inspire confidence, particularly when significant delays exist in reporting alleged offenses.
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