Back
ARUN KUMAR RAI
Irfan Ansari, son of Furkan Ansari – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Arun Kumar Rai, J.)
The instant criminal revision has been preferred by the petitioner against the order dated 25.07.2022 passed by the learned Additional Sessions Judge-III Dumka in Misc. Crl. Appeal No. 459 of 2022, Special POCSO Case No. 47 of 2021 arising out of Jamtara P.S. Case No. 175 of 2018, whereby and whereunder the learned Court has dismissed the petition of the petitioner filed under Section 227 of the Code of Criminal Procedure, 1973 and fixed the case for framing of the charge.
However, the learned trial court framed the charge vide its order dated 21.11.2022 against the petitioner, during the pendency of the instant criminal revision and accordingly the petitioner has filed interlocutory application being I.A. No. 2315 of 2023 for the amendment and addition in the existing prayer to the extent regarding the quashing of the order dated 21.11.2022, whereby charges were framed.
In pursuant to the order dated 17th May 2024 of this Court, the prayer for addition/amendment in view of I.A. No. 2315 of 2023 has been allowed. The additional prayer portion of the Cr. Revision No. 1254 of 2022 against which the petitioner is also seeking revision which reads as follo
The court upheld the framing of charges against the petitioner for disclosing the identity of a minor victim, establishing a prima facie case based on evidence of involvement in the dissemination of ....
The court upheld the applicability of POCSO Act offences while quashing charges under the JJ Act, affirming that the police could investigate without a Magistrate's order.
The main legal point established in the judgment is the need to protect the identity of victims of sexual offences, as mandated by Section 228-A of the Indian Penal Code and the guidelines issued by ....
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.
(1) Court must always be alive to consider incident of sexual act from victim’s perspective – Victim is best judge of incident.(2) It is duty of Special Court under POCSO Act to see that name of vict....
The court emphasized that a mere statement by the prosecutrix, though crucial, must inspire confidence, particularly when significant delays exist in reporting alleged offenses.
Disclosing a child's identity in media without proper authorization violates the POCSO Act, regardless of the underlying allegations being false.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
