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SWARANA KANTA SHARMA
Manish Maini – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Swarana Kanta Sharma, J.
1. The present petitions under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') have been preferred on behalf of the revisionists/petitioners, assailing order dated 03.11.2023, whereby learned Additional Sessions Judge-01 (POCSO), North, Rohini District Court, Delhi (`Trial Court') has allowed the application filed by the respondent/State under Section 216 of the Cr.P.C., and has consequently directed to frame additional charges against the petitioners.
2. Brief facts of the present connected cases are that an FIR No. 978/2014 was registered under Sections 363/354A/506/34 of Indian Penal Code, 1860 (`IPC') and Section 12 of Prevention of Children from Sexual Offences Act, 2012 (`POCSO Act'), at Police Station Prashant Vihar, Delhi on 25.08.2014, on the complaint filed by victim `S', who had alleged that about three months prior to the date of incident, she had gone to attend a marriage in the neighbourhood, where the accused persons had given their mobile numbers to her and had asked her to speak to them. Next day, when she had called them, they had used filthy language with her, after which she did not call them.
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....
Alteration of charge – Charge can be altered even after trial has progressed to a large extent.
The court affirmed that procedural irregularities do not invalidate convictions if no prejudice is shown, emphasizing the trial court's discretion in adding charges.
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....
The central legal point established in the judgment is the requirement for the testimony of the prosecutrix to be reliable and of a sterling quality for a conviction under the POCSO Act. The judgment....
Conviction under IPC can rely solely on the victim's testimony if credible, but all sentences must adhere to minimum statutory requirements.
The right to fair trial cannot mean unjustified repeated opportunities of cross-examination, and the case of the accused has to be meritorious for such relief to be granted.
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