Prima facie allegations under POCSO sufficient to deny discharge despite presence of third party.

ORDER

Dated : 7^th April, 2026 The sole accused in crime No.311/2020 of Bekal police station now pending as S.C.126/2021 before the Special Court for the Trial of Offences Under the Protection of Children From Sexual Offences Act,2012, Hosdurg, filed this Crl.Revision Petition under Section 397 r/w 401 of Cr.P.C. challenging the order of the learned Special Judge in C.M.P.No.691/2022 by which the learned Special Judge dismissed his prayer for discharge.

2. The offences alleged against the petitioner are under Sections 376 (2) (e), 376(3) andSection 6(1) r/w 5(e), 10 r/w 9(e) of Protection of Children from Sexual Offences Act. The prosecution case is that on 25.6.2020 at about 14.00 hours, when the survivor, a minor girl went to the clinic of the petitioner at Periya, he, with sexual intent, caused her to lie on the consultation table, removed her dress and inserted his finger into her vagina, grabbed her breast and thereby committed the aforesaid offences.

3. Contending that this is a false case foisted against the petitioner, he preferred C.M.PNo.691/2022 seeking discharge. As per order dated 9.12.2022, the learned Special Judge dismissed the said application and aggrieved by the same he preferred this Revision Petition.

4. The learned counsel for the petitioner would argue that the petitioner is a senior doctor who is conducting a Clinic at Periya town, after his retirement from service in 2005. He had received several awards for his service as a best doctor. Further, according to the learned counsel, along with the survivor her father was also present in the clinic and as such, there was no possibility for sexually abusing the survivor. Therefore, the learned counsel prayed for setting aside the order passed by the learned Special Judge and for discharging the petitioner.

5. The petition was strongly opposed by the learned Public Prosecutor.

6. The allegation against the petitioner, who is a doctor is that when the survivor went for consultation at the Clinic on 25.6.2020 at about 2.00 p.m., the doctor caused her to lie down on the consultation table and lifter her pardha and churidhar top, pulled down the churidhar pant and underwear, inserted his finger into her vagina and grabbed her breast putting his hands inside the churdihar top and thereby committed various offences under the IPC and PoCSO Act. The above allegations levelled against the petitioner prima facie makes out the offences as alleged. It is true that the father of the victim was also present along with her in the Clinic. The learned counsel also submitted that the Clinic is running in a small room. However it is revealed that there was a curtain separating the consultation table and the incident occurred inside the said curtain.

7. At this stage, there is absolutely no grounds to disbelieve the case of the prosecution. Since the allegations levelled against the petitioner prima facie makes out the offence as alleged, I do not find any irregularity or illegality in the order of the Special judge in dismissing the application filed for discharge. In other words, I do not find any grounds to interfere with the impugned order passed by the learned Special Judge dismissing C.M.P.691/2022 and as such this criminal Revision Petition is liable to be dismissed.

In the result, this Revision Petition is dismissed.