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ROBIN PHUKAN
Tania Lida, S/o Late Tate Lida – Appellant
Versus
State Of AP Represented through the Public Prosecutor – Respondent
JUDGMENT :
Heard Mr. K. Tama, learned counsel for the petitioner and also heard Mr. U. Bori, learned Addl. PP for the State.
2. In this petition under Section 482 Cr.P.C., the petitioner -Shri Tania Lida, has challenged the Supplementary Charge-Sheet No.65 (b)/20, dated 25.08.2021, filed in Daprijo P.S. Case No. 31/17, under Section 4 (1) of POCSO Act, 2012 and also the entire case proceeding of BSR/POCSO-09/2021, under Section 4 (1) of POCSO Act, 2012, pending before the court of learned Addl. Sessions Judge, Basar.
3. The factual background leading to filing of the present petition is briefly stated as under:-
There is no legal bar against further investigation. Section 173(8) of Criminal Procedure Code does not restrict reopening of the case in which charge-sheet has already been submitted and cognizance ....
Point of law : In exercising powers under Section 227 of the Code of Criminal Procedure, the settled position of law is that the Judge while considering the question of framing the charges under the ....
Charge sheet under POCSO quashed post-victim's majority and compromise.
The court established that the determination of age and the validity of evidence must be assessed during the trial, not at the discharge stage.
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