The High Court should not inquire into the reliability of evidence and should not stifle a legitimate prosecution.

JUDGMENT :

Heard the parties.

2. This Cr.M.P. has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding in connection with Sadar (Bara Bazar) P.S. Case No.120 of 2019 corresponding to Special POCSO Case No.103 of 2021 including the order taking cognizance dated 02.11.2021 whereby and where under the learned Special Judge, POCSO, Hazaribagh has taken cognizance for the offence punishable under Sections 323 and 504 of the Indian Penal Code and Section 10 and 12 of POCSO Act and directed to issue summon against the petitioner.

3. The allegation against the petitioner is that the petitioner has sexually harassed the victim- minor boy, committed aggravated sexual assault upon the victim-minor boy. Police after investigation of the case, found the allegations to be true and submitted charge-sheet against the petitioner for having committed the offences punishable under Sections 4, 6, 10 and 12 of the Protection of Children from Sexual Offences Act, 2012. Learned Magistrate upon receipt of the charge sheet upon taking into consideration the materials in the record including the statement of the victim-boy recorded under Section 161 Cr.P.C., the F.I.R., the charge-sheet and statement of witnesses mentioned in paragraphs-6, 7 and 8 of the case-diary, found sufficient materials for proceeding in the case and a prima facie case for the offences punishable under Sections 323 and 504 of the Indian Penal Code and Section 10 and 12 of the Protection of Children from Sexual Offences Act, 2012 was made out and took cognizance for the said offences.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. It is further submitted that the petitioner is a meritorious girl and she is being blackmailed. The petitioner has lodged Sadar P.S. Case No.121 of 2019 against the informant of this case. It is next submitted that there is inordinate delay of more than four years in lodging the F.I.R. It is then submitted that in the formal F.I.R., the date of occurrence has been written to be 30.08.2018 to 26.03.2019 and as the year of birth of the informant in the formal F.I.R. has been mentioned as 1999 so, on the date of the alleged first occurrence, the victim was more than eighteen years of age; hence, no offence punishable under the provisions of Protection of Children from Sexual Offences Act, 2012 is made out. It is further submitted that the independent witnesses have not supported the case of the prosecution. Though the police has not mentioned the offences punishable under Sections 323, 504 of the Indian Penal Code against the petitioner in the charge sheet; yet the learned Magistrate has taken cognizance of the said offences as well; which is not sustainable in law. Hence, it is submitted that the entire criminal proceedings in connection with Sadar (Bara Bazar) P.S. Case No.120 of 2019 corresponding to Special POCSO Case No.103 of 2021 including the order taking cognizance dated 02.11.2021, as prayed for by the petitioner, be quashed and set aside.

5. Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer for quashing the entire criminal proceedings in connection with Sadar (Bara Bazar) P.S. Case No.120 of 2019 corresponding to Special POCSO Case No.103 of 2021 including the order taking cognizance dated 02.11.2021, as prayed for by the petitioner. It is next submitted by the learned Addl.P.P. that in the formal F.I.R. it has inadvertently been mentioned that the date of occurrence started from 30.08.2018 but bare perusal of the F.I.R. reveals that the occurrence took place when the victim was of 12 years of age and continued till he was 15 years of age. Hence, there is no merit in the contention of the learned counsel for the petitioner that the victim was not a child on the date of alleged occurrence. It is next submitted that the grounds taken by the petiti