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SWARANA KANTA SHARMA
State – Appellant
Versus
Ashok Kumar Verma – Respondent
JUDGMENT
Swarana Kanta Sharma, J. The State, by way of present revision petition filed under Section 397/482 of Code of Criminal Procedure, 1973 (`Cr.P.C.'), assails the order dated 23.05.2018 passed by learned Additional Sessions Judge-01, Special Court-POCSO, North-West, Rohini, Delhi (`learned ASJ') in case FIR bearing no. 1125/2016, registered at Police Station Mangolpuri for offences punishable under Section 354 of Indian Penal Code, 1860 (`IPC') and Section 10 of Prevention of Children from Sexual Offences Act, 2012 (`POCSO Act'), whereby the respondent/accused was discharged of commission of aforesaid offences.
2. The facts of the case, as unfolded from the charge sheet, are that on 17.12.2016, at about 9.15 AM, upon receipt of information, the concerned police officer had reached Govt. Co-ed. Senior Secondary School, Sultan Pur Mazra, Delhi, where complainant, aged around 15 years, her parents and her family members were present. The case of prosecution is that upon enquiry, the complainant stated that on 16.12.2016, her class teacher had caught hold of her hands after she had refused to give her mobile number and had told her "I like you" and had also put his hand under he
Contradictions between the statements under Section 161 and 164 Cr.P.C. are a matter of trial and cannot be a sole ground for discharge if the other material on record discloses a prima facie case ag....
The necessity for grave suspicion and prima facie evidence to frame charges under Section 376 IPC.
Consent obtained under false promises of marriage vitiates consent and constitutes a basis for rape charges under Section 375 IPC.
At discharge stage, material contradictions in prosecutrix statements, lack of medical corroboration, and inconsistent theft allegations justify discharge if no prima facie case, preventing abuse of ....
The necessity to establish a prima facie case at the stage of framing of charge and the power of the Sessions Court to commit a case for trial if an offence exclusively triable by the Court of Sessio....
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.
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....
The court established that inconsistencies in a victim's testimony, particularly regarding voluntariness in statements, can lead to the dismissal of charges under the POCSO Act, while still allowing ....
Sexual assault on girl child – If evidence of witness is cogent, consistent and unwavering she qualifies as a sterling witness upon whose evidence conviction of perpetrator can be based.
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