Back
G. CHANDRASEKHARAN
Kumar – Appellant
Versus
Union Territory of Puducherry Rep. By the Station House Office, Puducherry – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st respondent to withdraw and transfer the pending case in Spl.S.C.No.94 of 2021 pending on the file of the Hon''ble Special Judge under POCSO Act, Puducherry to that of any other court.)
This Criminal Original Petition has been filed to direct the 1st respondent to withdraw and transfer the pending case in Spl.S.C.No.94 of 2021 on the file of the learned Special Judge under POCSO Act, Puducherry to any other court.
2. Learned counsel for the petitioners submitted that petitioners are 2nd & 3rd accused in Spl.S.C.No.94 of 2021 pending on the file of the learned Special Judge under POCSO Act, Puducherry. The respondent police filed final report against them for the offences under Sections 294(b), 506(i) r/w 34 of IPC. It is the case of the petitioners that 1st accused was charged for the offence under Section 12 of Protection of Children from Sexual Offences Act 2012 and 507, 506(i) r/w 34 of IPC and petitioners are not charged under POCSO Act and therefore, they have to be tried before learned Judicial Magistrate and not before the learned Special Judge, who is a Sessions Judge. In the
The interconnectedness of accused individuals and the allowance for trying different offences committed in the course of the same transaction influenced the court's decision.
The court emphasized the need for legislative amendments to address cases involving adolescents in relationships and the implications of the POCSO Act on such situations.
The High Court should not inquire into the reliability of evidence and should not stifle a legitimate prosecution.
The court emphasized the need for the legislature to consider cases involving adolescents in relationships and make necessary amendments to stringent laws such as the POCSO Act.
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
