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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Saurabh Srivastava,J.
Sitam @ Prince Minor – Appellant
Versus
State Of U.P. And 3 Others – Respondent
| Table of Content |
|---|
| 1. the applicant seeks to set aside a summoning order based on exoneration in a charge sheet. (Para 1 , 2 , 3) |
| 2. arguments presented regarding the applicability of bnss and pocso provisions. (Para 4 , 5 , 6) |
| 3. court observes discrepancies in the application of cognizance provisions. (Para 7 , 8) |
| 4. the summoning order is set aside and the matter is remitted for fresh consideration. (Para 9 , 10) |
JUDGMENT :
1. Heard Sri Aryan Srivastava, learned counsel appearing on behalf of applicant and learned AGA for State.
3. It is the case of the applicant that after institution of case at Case Crime no. 375 of 2024 which culminated into conduction of the detailed investigation by concerned Investigating Officer who preferred charge sheet in pursuance to sections 123/65(1)/351(3)/89 of Bhartiya Nyaya Sanhita (in short "BNS"), 2023 and 4(2) of Protection of Children From Sexual Offences Act, 2012 only against one Arun son of Mahesh and the applicant has been exonerated at the time of preferring charge sheet. But later on, once, charge sheet along with entire Case Diary has been put before learned court of Special Judge, POCSO Act, 2012 by taking cognizance of offence, applicant has
Cognizance under POCSO Act requires a valid police report or complaint; reliance solely on victim's statement is insufficient if the applicant is not named in the charge sheet.
A Special Judge under the POCSO Act cannot summon an accused solely based on a protest petition after a police report has been rejected; proper cognizance must follow the statutory procedures.
The court established that a Magistrate must apply judicial consideration and provide reasoning before taking cognizance of offences, as mere summoning without such scrutiny is improper.
The court clarified that taking cognizance of an offence requires applying judicial mind to the complaint, and mere examination of the complainant does not suffice.
The court held that failure to provide an opportunity for hearing before summoning accused is a violation of procedural rights and Article 21 of the Constitution.
The court held that uniformity in witness statements does not invalidate a trial, and procedural lapses under relevant laws do not preclude prosecution.
The main legal point established is that the cognizance of an offence requires a judicial notice and an application of mind by the court. The court emphasized the necessity to reflect reasons for sum....
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