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BISWAJIT PALIT
Tapan Debnath @ Badal – Appellant
Versus
State of Tripura – Respondent
JUDGMENT & ORDER (ORAL)
Biswajit Palit, J. - Heard Mr. Alik Das, Learned Counsel representing the petitioner and also heard Learned P.P. Mr. Raju Datta representing the State.
2. This revision petition under Section 397 read with Section 401 of Cr.P.C. is filed for setting aside the order dated 13.03.2024 passed by Learned Special Judge, Gomati District, Udaipur in connection with case no.Special no.22 of 2023(POCSO).
3. At the time of hearing, Learned Counsel for the petitioner submitted that the aforesaid case is pending before the Court of Learned Special Judge, Gomati District, Udaipur and before the said Court, the accused-petitioner filed an application for discharging the accused under Section 227 of Cr.P.C on the ground that the victim of this case although has been projected as a minor but from the copy of birth certificate, it appears that she was major on the day of the alleged occurrence of offence. So, no charge can be framed against the accused-petitioner under Section 4 of the POCSO Act. But the Learned Trial Court did not consider the petition and rejected the application of the petitioner-accused and fixed the case for framing of charge.
4. Learned P.P. Mr. Raju Datta
The court established that the determination of age and the validity of evidence must be assessed during the trial, not at the discharge stage.
Discharge of accused – At the stage of considering application for discharge court must proceed on assumption that material which has been brought on record by prosecution is true – Defence of accuse....
The prosecution must provide verifiable evidence to establish a victim's age when charging under the POCSO Act, as mere testimony is insufficient to prove minority.
The court emphasized that the burden to prove the victim's age lies with the prosecution, which failed to establish it through credible evidence, leading to the acquittal of the appellant.
Consent between parties close to the age of majority does not invoke provisions of POCSO Act, and medical age determination takes precedence over educational documents for assessing age of victim.
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....
The trial court failed to determine the accused's age under the Juvenile Justice Act and POCSO Act, making its jurisdictional ruling invalid.
The court emphasized the necessity for complying with statutory requirements regarding age determination for minors in criminal proceedings, rendering improperly assumed jurisdiction a nullity.
Consent of a minor has no consequence for offences under POCSO Act as well as Section 375 I.P.C.
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