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MANJU RANI CHAUHAN
Sonu Maurya @ Abhishek Kumar Maurya – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Manju Rani Chauhan, J.
Heard Mr. Bairister Singh, learned counsel for the applicant, Mr. Dinesh Chandra Yadav, learned counsel for the opposite party no.2 and Mr. Amit Singh Chauhan, learned AGA for the State as well as perused the entire records.
2. This application has been filed by the applicant with a prayer to quash the order dated 30.11.2021 passed by Additional District and Sessions Judge/Special Judge, POCSO Act, Court no.2, Varanasi in S.S.T. No.30/2018 (State vs. Sonu Maurya and Others) arising out of Case Crime No.686/2017, under Sections 354A, 504, 506 IPC and Section 7/8 of POCSO Act, P.S.- Phoolpur, District-Varanasi, pending before the Additional District and Sessions Judge/Special Judge, POCSO Act, Court no.2, Varanasi.
3. Brief facts of the case are that an FIR was lodged on 14.09.2017 against the applicant under Sections 354A, 504, 506 IPC with the allegations that when the daughter of opposite party no.2 went to tube-well for washing clothes, the applicant misbehaved with her and when the opposite party no.2 went to house of applicant, he, after using abusive language, threatened to kill. After investigation charge sheet was submitted and the charges were
The court's discretion to reject an application to determine the victim's age before trial.
Rule 54 (18)(iv) of Juvenile Justice (Care and Protection of Children) Rule, 2016 provides that for determination of victim, in relation to offences against children under Act, same procedures mandat....
The court held that determining a victim's age is a mandatory statutory obligation for a Special Court, requiring a reasoned order based on evidence. However, the recall of witnesses is discretionary....
The jurisdiction of a Special Court under the special legislation is strictly dependent on the victim's age. When age is disputed, the court must conduct a formal inquiry under the relevant juvenile ....
Reliability of age determination evidence crucial in establishing POCSO Act violations.
The court upheld the principle that the margin of error in age determination affects the applicability of charges under the POCSO Act, ultimately favoring the accused due to inconclusive age evidence....
The prosecution must establish the age of the victim beyond reasonable doubt in cases under the POCSO Act; failure to provide adequate evidence leads to acquittal.
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