Charges must be based on substantiated prima-facie evidence; mere allegations are insufficient.

Order

REPORTABLE 06/05/2025

The instant criminal revision petition has been filed by the petitioner under Section 397/401 Cr.P.C. against the order dated 09.02.2024 passed by the learned Special Judge, POCSO Act Cases, Bikaner in Sessions Case No.7/2024 whereby the learned trial court framed the charges against the petitioner for offence under Sections 354D of IPC and Sections 11 (iii),(iv)/12 of POCSO Act.

Brief facts of the case are that the complainant/respondent No.2 submitted a written report at concerned Police Station regarding abduction of his minor daughter from the home by some unknown persons. On the said complaint, Police registered FIR No.0214/2023 for offence under Section 363 IPC and started investigation. After investigation, police filed charge-sheet against the present petitioner for offence under Section 354-D IPC and Section 11 (iii)(iv)/12 of POCSO Act before the competent court and after arguments, charges were framed against the petitioner for aforesaid offence. Hence, this revision petition.

Learned counsel for the petitioner submits that the victim ‘G’ in her statement recorded under Section 164 Cr.P.C. has specifically deposed that she left home out of her own free will and roamed for about two months at so many places. Importantly, she explicitly states that during this time, no wrongdoing was committed against her by anyone, including the present petitioner, and that she did not meet or have any interaction with him. Furthermore, her sole allegation pertains to the petitioner showing her adult videos, which, in isolation, does not constitute a criminal offence unless it is proven that such conduct was accompanied by coercion, exploitation, or other unlawful acts. Counsel submits that in view of above, no offence as framed by the trial court is made out against the petitioner. Thus, the impugned order of framing charge being illegal and perverse, deserves to be quashed and set aside.

Learned Public Prosecutor and learned counsel for the respondent No.2 have vehemently opposed the prayer made by the counsel for the petitioner and submitted that at the time of framing charge, meticulous examination of evidence is not necessary. The impugned order of framing charge is perfectly justified and requires no interference from this Court.

Heard the learned counsel for the parties and perused the impugned order of framing charge passed by the trial court.

The victim ‘G’ in her statement recorded under Section 164 Cr.P.C. has specifically averred that she voluntarily left home and roamed alone for about two months without the petitioner or being harmed by anyone. She only claimed that the petitioner showed her adult videos.

To appreciate the arguments raised by the learned counsel for the parties, a perusal of relevant connected provisions of the Indian Penal Code and the Protection of Children from Sexual Offences Act would be required. The same are extracted herein- below:

“354D. Stalking.--(1) Any man who--

(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or (ii) monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking:

11. Sexual harassment.-- A person is said to commit sexual harassment upon a child when such person with sexual intent,--

(i) utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child; or

(ii) makes a child exhibit his body or any part of his body so as it is seen by such person or any other person; or

(iii) shows any object to a child in any form or media for pornographic purposes; or

(iv) repeatedly or constantly follows or watches or contacts a child either directly or through electronic, digital or any other means; or

(v) threatens to use, in any form