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ANJULI PALO
Himanshu Gandhi – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. This revision has been filed under section 397 read with section 401 of the Code of Criminal Procedure challenging the order dated 23.9.2021 passed by learned 23rd Additional Sessions Judge/Special Judge under the Protection of Children from Sexual Offences Act, 2012 in ST No.10/2021 whereby charges for offences punishable under sections 354, 354-A (1) (i), 354-D and 504 of the Indian Penal Code and section 9 (l)(m)/10 of the Protection of Children from Sexual Offences Act, have been framed against the applicant.
2. Learned Senior Counsel has challenged the impugned order framing charges on many grounds. The applicant and the prosecutrix are neighbours and there is enmity between the parties and the applicant had earlier made complaints against the mother of the prosecutrix due to neighbourhood disputes. It is contended, inter alia, that the mother of the minor prosecutrix deliberately refused for her medical examination. It is vehemently contended that there is no ingredients for framing charges under sections 504, 354 and 354D of the IPC. Learned Senior Counsel has drawn the attention of this Court to section 3 of the Protection of Children from Sexual Offences Act and co
The court upheld the framing of charges against the applicant for aggravated penetrative sexual assault, emphasizing the sufficiency of prima facie evidence at the charge stage.
A Criminal Court has the discretion to frame charges based on evidence from prosecution records, regardless of the police final report.
The court upheld the charges under the POCSO Act despite victim's withdrawal, affirming legal integrity of trial proceedings.
The prosecution failed to establish credible evidence to support charges of stalking and harassment against the respondent, leading to the upheld acquittal.
The act of touching a minor's breast constitutes sexual assault under Section 8 of the POCSO Act, affirming that sexual intent is sufficient to establish culpability irrespective of skin contact.
(1) Attempt to outrage modesty of minor girl – In order to bring home charge under Section 354 of IPC thereof, prosecution is required to establish that accused, with criminal or sexual intent, assau....
Sexual harassment of girl child – Alleged expression [xxx I Love You] by accused alone would not constitute “sexual assault” as provided under Section 7 of POCSO Act.
(1) Sexual assault – Act of touching any sexual part of body of a child with sexual intent or any other act involving physical contact with sexual intent, could not be trivialized or held insignifica....
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