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SWARANA KANTA SHARMA
State Govt of NCT of Delhi – Appellant
Versus
Afaq Hussain Ansari – Respondent
JUDGMENT
Swarana Kanta Sharma, J. The petitioner i.e. State has filed the present petition impugning the order dated 18.09.2017 passed by learned ASJ-01, Special Judge (POCSO) Shahdara District, Karkardooma Courts, Delhi whereby accused persons have been discharged for offences punishable under Sections 451/354/354B/427/324/376/511/34 of the Indian Penal Code, 1860 ("IPC") and Section 4/8 of Protection of Children from Sexual Offences Act, 2012 ("POCSO") in case FIR No.252/2014 registered at Police Station M.S. Park, Delhi.
2. The present FIR was registered on the complaint of `S. wherein it was stated that on 21.04.2014, her mother, maternal aunt and sister-in-law had gone to Karkardooma Courts for meeting her father and his sons, whereas the complainant `S. and her cousin `T. were present at the house. It was alleged that at about 1:00-2:00 PM, when she was present at the ground floor, accused persons Tayyab, Tahir and Babar and Afaaq suddenly entered the house and started teasing her and when she protested, they torn her clothes and attempted to rape her and also pressed soft parts of the body, as a result of which, she sustained injuries and their house was also ransacked. It w
The central legal point established in the judgment is that the Trial Court should exercise its judicial mind to determine whether a case for trial has been made out and should not conduct a roving e....
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.
At the initial stage, the truth, veracity, and effect of the evidence are not to be meticulously judged, and the accused's defense is not to be looked into when seeking discharge under Section 227 of....
The main legal point established in the judgment is the requirement for a prima facie case and the evaluation of material by the court before framing charges under sections 227 and 228 of the Cr.P.C.
The main legal point established in the judgment is the need to avoid gender-based presumptions in the legal process unless provided by law and to assess each individual's involvement in a criminal a....
Defective investigation does not preclude prosecution; an accused cannot be discharged solely on this ground if sufficient evidence exists against them.
The court emphasized that at the stage of framing of the charge, the trial court is required to evaluate the material and documents on record to determine if there is ground for presuming that the ac....
The main legal point established in the judgment is the requirement for a prima facie case for proceeding against the accused and the presence of grave suspicion against the accused in determining th....
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