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ROBIN PHUKAN
Minu Natung Lozi, W/o- Shri Tappa Natung – Appellant
Versus
Linda Sema W/o- Shri Ashish Bara Lyngdoh – Respondent
JUDGMENT :
Legality, propriety and correctness of the order, dated 19.02.2021, passed by the learned Sessions-cum-Special Judge, POCSO, Bomdila in SC(BDL)POCSO Case No. 01/2020, under Sections 376(A)(B)/201/107/506 of the IPC read with Section 6 of the POCSO Act, is challenged in this Criminal Revision Petition, under Sections 401/397/ 482 of the Code of Criminal Procedure, 1973, by the petitioner Smti. Minu Nutung. It is to be noted here that vide impugned order dated 19.02.2021, the learned Sessions-cum-Special Judge, POCSO, Bomdila, has discharged respondent No.1 to 7 in the aforesaid case.
2. The factual background leading to filing of the present revision petition is briefly stated as under:-
The main legal point established is that the duty to report offences under the POCSO Act requires actual knowledge or reason to believe, and mere information or suspicion is not sufficient to attribu....
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....
The court established that the determination of age and the validity of evidence must be assessed during the trial, not at the discharge stage.
The interpretation of Sections 19, 20, and 21 of the POCSO Act was crucial in determining the liability of the accused for failure to report offences, leading to their discharge for certain charges.
Prompt and proper reporting of commission of offence under POCSO Act is of utmost importance – Non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more ofte....
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.
The judgment emphasizes the importance of establishing a prima facie case to proceed with the trial, considering the continuing nature of the offence and the direction to complete the trial within a ....
The court ruled that the obligation to report under the POCSO Act applies regardless of the accused's official capacity, and no sanction is needed for prosecution if the act is distinct from official....
Consent between parties close to the age of majority does not invoke provisions of POCSO Act, and medical age determination takes precedence over educational documents for assessing age of victim.
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