The victim's statement under Section 164 CrPC is critical in determining the validity of charges under the POCSO Act.

Headnote:(A) Protection of Children from Sexual Offences Act, 2012 - Section 12 - Indian Penal Code, 1860 - Section 323 - Quashing of charges - Petition filed against order framing charges under POCSO Act and IPC - Court noted that the victim's statement under Section 164 CrPC does not substantiate the charges under POCSO Act - Notice issued to the State and status report directed. (Paras 3, 4, 5)

(B) Criminal Procedure Code, 1973 - Section 164 - Statement of victim - Importance of victim's statement in determining the applicability of POCSO charges - Court emphasized that the statement must be carefully considered to ascertain if an offence is made out. (Paras 4, 5)

Facts of the case:
The petitioners seek to quash the order dated 16.03.2024, framing charges under the POCSO Act and IPC, arguing that the victim's statement does not support the charges.

Findings of Court:
The Court acknowledged the victim's statement as crucial in assessing the validity of the charges under the POCSO Act.

Issues: The primary issue was whether the victim's statement under Section 164 CrPC substantiates the charges under the POCSO Act.

Ratio Decidendi: The Court ruled that the victim's statement must be thoroughly examined to determine if the charges under the POCSO Act are warranted, highlighting the necessity of a proper legal basis for framing charges.

Result: Notice issued; status report to be filed.

ORDER

% 08.04.2024 CRL.M.A. 10758/2024 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CRL.REV.P. 474/2024 & CRL.M.A. 10757/2024 (stay)

3. The present petition has been filed seeking quashing / set aside order dated 16.03.2024 passed by the Court of learned Additional Sessions Judge (Special FTSC) (POCSO)-01 South West, Dwarka Court, New Delhi in FIR No. 402/2023 PS Dabri whereby the learned Trial Court has framed charges against the petitioner under Section 12 of the POCSO Act and Section 323 IPC.

4. The learned counsel for the petitioners invites the attention of the Court to the statement of victim under Section 164 CrPC to contend that a perusal of the said statement shows that no offence under the provisions of POCSO Act is made out against the petitioner.

5. In view of the above, issue notice. Learned APP for the State accepts notice.

6. Let status report be filed before the next date.

7. Since the offence invoked is under the provision of POCSO Act, the IO is directed to put the victim to notice with regard to filing of present petition, as well as, the next date of hearing.

8. Re-notify on 09.07.2024.

9. In the meanwhile, the petitioners are granted liberty to request the learned Trial Court to adjourn that matter after the next date fixed before this Court.

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2024 Supreme(Online)(DEL) 27440

HIGH COURT OF DELHIVikas Mahajan, JUMA AND ORS. – AppellantVersusSTATE OF NCT OF DELHI AND ANR. – RespondentCRL.REV.P. 474/2024

The victim's statement under Section 164 CrPC is critical in determining the validity of charges under the POCSO Act.

HIGH COURT OF DELHI
Vikas Mahajan, J
UMA AND ORS. – Appellant
Versus
STATE OF NCT OF DELHI AND ANR. – Respondent
CRL.REV.P. 474/2024