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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
State (Gnct Of Delhi) – Appellant
Versus
Suraj – Respondent
| Table of Content |
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| 1. judgment initiated for setting aside discharge of accused. (Para 1) |
JUDGMENT :
SWARANA KANTA SHARMA, J
1. By way of the present petition, the petitioner-State seeks setting aside of order dated 05.08.2023 [hereafter "impugned order‟] passed by the learned Additional Sessions Judge-06/POCSO, Shahadra, Karkardooma Courts, Delhi [hereafter "Sessions Court‟], whereby the respondent-accused was discharged case arising out of FIR No. 127/2022, registered on 26.02.2022, at Police Station Shahdara, Delhi for the commission of offences punishable under Sections 354D/354/509 of the Indian Penal Code, 1860 [hereafter "IPC‟] and Sections 10/12 of the Protection of Children from Sexual Offences Act, 2012 [hereafter "POCSO Act‟].
2. Brief facts of the case are that the FIR was registered on the statement of the minor victim "J‟, aged about 10 years and a student of 5th standard. She informed the police that she was aware of the concept of good touch and bad touch, having been taught about the same in school. She alleged that a boy named Suraj, who used to sit with his father at a jeweller‟s shop, had been troubling her for the last one month. According to her, about 4-5 days prior
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The court held that mutual engagement between minors in sexual acts without coercion might not constitute a criminal offence, emphasizing the necessity for counseling rather than conviction.
The jurisdiction of a Special Court under the special legislation is strictly dependent on the victim's age. When age is disputed, the court must conduct a formal inquiry under the relevant juvenile ....
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