Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
D.BHARATHA CHAKRAVARTHY
Good Shepherd Evangelical Mission Pvt., Ltd., Rep. by its Managing Director, Gideon Jacon – Appellant
Versus
State, represented by Inspector of Police, CBI/SCB, Chennai – Respondent
ORDER :
D. BHARATHA CHAKRAVARTHY, J.
This Criminal Revision is filed to call for the records pertaining to the order passed in Crl.M.P.No.93 of 2024 in S.C.No.48 of 2020 on the file of the learned Sessions-cum-Mahila Judge, Tiruchirappalli, dated 19.06.2024 and set aside the same as illegal.
2. The petitioners' case is that the first petitioner is a Company, M/s.Good Shepherd Evangelical Mission Pvt. Ltd. and the second petitioner is the Director of the said Company and also a pastor. The petitioner runs a destitute home for children functioning as Mose Ministries in Trichy Town, Tamil Nadu. Permission was granted by the District Collector to run the home. The home is running as a charity giving food, shelter and education to the destitute and abandoned children. While so, in the year 2015, the District Social Welfare Officer refused to give registration of the institution as per the Juvenile Justice (Care and Protection) Act, 2015 and the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014. The home, therefore, was constrained to file W.P.(MD). No.16723 of 2015.
3. When the matter was pending, one organisation namely, Change India, filed a Public Interest Litiga
Allegations of trafficking must meet statutory definitions; insufficient evidence or lack of necessary sanction renders related charges unsustainable.
At charge framing stage, prima facie material from decoy raid, marked currency recoveries, and scene details suffices to proceed under trafficking provisions despite victim denials of coercion.
The interpretation of Sections 19, 20, and 21 of the POCSO Act was crucial in determining the liability of the accused for failure to report offences, leading to their discharge for certain charges.
Customers cannot be prosecuted under the Immoral Traffic (Prevention) Act without evidence of trafficking, but may be liable under Section 370(A)(2) IPC if they had reason to believe victims were tra....
The Court upheld the addition of charges under Section 406 IPC for criminal breach of trust due to sufficient prima facie evidence regarding dowry-related allegations.
The main legal point established in the judgment is the requirement of evidence of exploitation for a conviction under Section 370(5)/34 of the IPC.
The specific and consistent nature of the allegations of sexual abuse warranted a trial and did not merit interference under Section 482 of Cr.P.C. or Article 226 of the Constitution. The presumption....
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
