Siddhant @ Aashu vs State Of U. P. - 2023 Supreme(All) 1405

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1405

AJAY BHANOT
Siddhant @ Aashu – Appellant
Versus
State Of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Atmaram Nadiwal, Dinesh Kumar Yadav

JUDGMENT :

1. The judgment is being structured in the following conceptual framework to facilitate the discussion:

I Introduction

II Submissions of learned counsel for both the parties on CWC report.

III Statutory Schemes :

1. Relevant provisions

2. Issues arising for consideration:

A. Procedure regarding care & protection of child

B. Conditions precedent for participation of CWC with reference to Rule 4 of POCSO Rules, 2020

C. Enquiry by the CWC

D. Agencies assisting the CWC

E. Evaluation of mental health of the child victim by CWC

F. CWC reports and process of the courts

IV Conclusions and Directions

V Order in bail application

VI Appendix

I. Introduction:

2. The case at hand also requires consideration of the role of Child Welfare Committee[hereinafter referred to as ‘the CWC’] report in ensuring a just hearing to the victim in bail proceedings in offences under the Protection of Children From Sexual Offences Act, 2012[hereinafter referred to as ‘the POCSO Act, 2012’] . The POCSO Act, 2012 read w

Click Here to Read the rest of this document

2023 Supreme(All) 1405

AJAY BHANOTSiddhant @ Aashu – AppellantVersusState Of U. P. – Respondent

Cases Referred (1)

AJAY BHANOT
Siddhant @ Aashu – Appellant
Versus
State Of U. P. – Respondent