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RAM MANOHAR NARAYAN MISHRA
Anil Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. As per office report dated 27.05.2022, notice was served on opposite party No. 2, as per report of C.J.M. Ghaziabad, but none appeared on his behalf to contest present revision.
2. Revisionist appeared in-person before the Court.
3. Heard the submissions of revisionist learned A.G.A. for the State and perused the record.
4. Instant criminal revision has been preferred against order dated 02.03.2022, passed by learned Special Judge (POCSO Act) Court No. 2/Additional Sessions Judge, District-Ghaziabad in Criminal Case No. 162 of 2017, arising out of Case Crime No. 483 of 2017, under Sections 342, 376, 511, 506 I.P.C. and Section 5/6 POCSO Act, P.S. Modi Nagar, District-Ghaziabad, whereby the learned court rejected the application 14Kh by impugned order wherein the revisionist-accused had prayed for his discharge under Section 227 Cr.P.C. The F.I.R. has not been lodged in the case by parents of the victim but by one Brijendra Kumar Tomar, Fufa of the victim. The case has been concocted against the revisionist by said uncle of victim, the victim was around 8 years of age at the time of incident and presently, she is around 15 years, in fact, she has been used by her said uncl
The accused's submission at the stage of framing of charges is limited to the material produced by the prosecution, and the victim's testimony during trial cannot be considered at the stage of discha....
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....
At the stage of considering an application for discharge, the court must proceed on the assumption that the material brought on record by the prosecution is true and evaluate the material to determin....
The scope and ambit of Sections 227, 228, 397 and 482 Cr.P.C. and the principles governing the exercise of jurisdiction under these provisions, particularly in the context of discharge of accused and....
Under Section 90 of the Indian Penal Code; that presumption can be drawn under Section 114-A of the Indian Evidence Act that the revisionist had sexual intercourse on false assurance of marriage.
Point of Law : Once charges have been framed, the issue of discharge becomes redundant, as Courts have no jurisdiction to allow discharge after charges having been framed.
The rejection of a discharge application is valid when a prima facie case exists based on the police report, regardless of subsequent exoneration in departmental inquiries.
Acquittal of co-accused on identical charges and evidence mandates discharge of other accused to prevent abuse of process.
The court affirmed that a prima facie case is necessary for proceeding with trial, and delay in filing a complaint is not automatically grounds for discharge.
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