The inherent powers of the High Court under Section 528 can only be exercised when there is a clear illegality in the proceedings; otherwise, charges under the POCSO Act stand justified based on available evidence.

JUDGMENT :

ANJAN MONI KALITA, J.

Heard Mr. D. Kamduk, learned counsel for the petitioner. Also heard Ms T. Jini, learned Additional Public Prosecutor for the State.

2. This instant case has been taken up for final disposal at the motion stage itself as this Court is of the opinion that no prejudice will be caused to the respondent No.2, who is the informant and the father of the victim, and the respondent No.3, who is the victim in the instant case.

3. The learned counsel for the petitioner as well as the learned Additional Public Prosecutor has also agreed that no prejudice will be caused, if the case is disposed of at the motion stage itself.

4. This application filed under Section 528 of the BNS S , 2023 for exercising/invoking the inherent power of this Court for quashing of criminal proceeding in connection with the POCSO Case No.01/2021 corresponding to Aalo W.P.S Case No.24/2024 under Section 64 BNS , R/w Section 4 of the POCSO Act, 2012 (State vs. Lukri Kambu). The application has also been filed for quashing of the FIR dated 03.12.2024 in connection with Aalo W.P.S Case No.24/2024, under Section 64 BNS , R/w Section 4 of the POCSO Act, 2012 which is pending before the Special Judge (POCSO), Aalo, as well as for quashing and setting aside of the Charge Sheet No.01/2025 dated 03.02.2024 in POCSO Case No.01/2021, under Section 64 BNS , R/w Section 4 of the POCSO Act, 2012.

5. The brief facts of the case are that an FIR dated 03.12.2024 was lodged before the Officer-in-Charge, Police Station Liromoba/Yomcha, West Siang District, Arunachal Pradesh by the informant, Shri Mabi Kayi alleging, inter alia, that his daughter, Miss Biti Kayi (Victim) was invited by one Shri Lukri Kambu(accused) to the house of one Rogi Kambu on 18.11.2024 at 13:00 Hrs. His daughter in good faith went to his room, wherein, he dragged her inside his bedroom and forcefully raped her. After commission of the rape, the accused person threatened her that if she discloses the incident to anybody, she would be killed. Due to such threat, his daughter did not disclose the incident of rape immediately to anyone. Therefore, there was a delay in filing of the FIR about the incident occurred. The informant further alleged that his daughter was a minor of 14 yrs 6 months old, who was studying at Class-VIII at Government Higher Secondary School, Liromoba, West Siang District. He alleged that the accused was of about 35 yrs of age and a married person. Therefore, he prayed for necessary action by the police authorities.

6. Accordingly, after registration of the FIR i.e. FIR No.24/2024, a Charge Sheet dated 03.02.2025 (it has been pointed out by the learned counsel for the accused petitioner as well as by the learned Additional Public Prosecutor that the date has been wrongly typed in the Charge Sheet as 03.02.2024) was filed against the accused person. Under the Charge Sheet, the aforesaid accused was charged under Section 6 4 BNS , R/w Section 4 of the POCSO Act, 2012.

7. During the investigation, the Investigating Authorities have recorded the statements of the informant, the victim, the mother of the victim, one Ms Koppak Gadi, who was supposedly in a love relationship with the accused as well as some other witnesses. The Investigating Agency further got the statement of the victim recorded under Section 183 (5) of the BNS before the Chief Judicial Magistrate, Aalo, West Siang District. The Investigating Officer while submitting the aforesaid Charge Sheet also submitted MLC report of the victim which was received on 03.02.2025, where the concerned doctor found the victim’s hymen broken, however, no external injuries were found during the examination. It was also mentioned in the MLC report that there was no evidence of recent vaginal penetration. In the aforesaid Charge Sheet at serial No.6 of the brief facts of the case, it has been mentioned that as per the School Admission Register, which has been duly certified by the Teacher in-charge of Government Bole