HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2282/2025 Jasaram Pander S/o Nemaram Pander, Aged About 44 Years, R/o Ward No. 44, P.s. Ladnun, Dist. Didwan-Kuchaman, Raj.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Jhumarram S/o Rawatmal, Aged About 59 Years, R/o Naiyo Ki Bhagichi Ke Pass, Tehsil Ladnun, Dist. Didwana-

Kuchaman ----Respondents Connected With S.B. Criminal Misc(Pet.) No. 6206/2024 Abdul Haiyat S/o Kavirudeen Shekh, Aged About 21 Years, R/o Ward No. 3, Khana Tola, Manulahpatti, Ps Bhargava, Dist. Araiya, Bihar, At Present Ratan Lal Khatik's House, Biliya Khurd, Ps Pratapnagar, Bhilwara.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Smt. Jagmati Devi W/o Bharat Prasad, R/o Sardar Ji House, Biliya Chowk, Riico, Bhilwara.

----Respondents S.B. Criminal Misc(Pet.) No. 7786/2024 Abdul Haiyat S/o Kavirudeen Shekh, Aged About 21 Years, R/o Ward No. 3, Khan Tola, Manulahpatti, Police Station Bhargava, District Arariya, Bihar, At Present Ratan Lal Khatiks House, Biliya Khurd, Ps Pratapnagar, Bhilwara.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Smt. Jagmati Devi W/o Bharat Prsad, R/o Sardar Ji House, Biliya Chowk, Riico, Bhilwara.

----Respondents For Petitioner(s) : Mr. Vineet Jain, Sr. Advocvate Mr. Abhishek Purohit Mr. Umesh Kant Vyas (Shirmali)

Mr. Divik Mathur Mr. Gajendra Singh Butati Mr. Vichitra Singh Shri Krishan Chaudhary Mr. Tananjay Pramar Mr. B.S. Mertia Mr. Sanjay Bishnoi Mr. Naresh Rajpurohit Mr. Ramprakash Dudi Mr. Karmendra Singh Mr. Ankur Mathur Mr. Rajak Khan Haider For Respondent(s) : Mr. Deepak Chaudhary ,AAG Mr. N.K.Gurjar, AAG Mr. Vikram Rajpurohit, Dy.G.A.

Mr. Yuvraj Sonal Mr. Vishal Sharma Ms. Advaita Sharma Mr. Piyush Sharma Mr. Mrinal Khatri Ms. Deepti Sharma Ms. Sapna Vaishnav HON'BLE MR. JUSTICE FARJAND ALI

Order

Reportable ORDER RESERVED ON ::: 07/04/2025 ORDER PRONOUNCED ON ::: 27/05/2025 Grievance and Facts Of S.B. Criminal Misc(Pet.) No.

2282/2025

1. By way of filing this instant petition, the petitioner has assailed the order dated 07.02.2025 passed by the learned Sessions Judge, Special Court (Protection of Children from Sexual Offences Act), Nagaur, whereby the application filed by the petitioner seeking exemption from the requirement under Section 33(2) of the POCSO Act was dismissed.

2. The factual background of the case reveals that on 20.11.2023, the complainant, father of the minor victim, lodged a written complaint at Ladnun Police Station, District Didwana- Kuchaman, alleging that his 16-year-old daughter had gone missing on the night of 19.11.2023. According to the complaint, the daughter was later dropped off in the locality at around 1:00 AM, and upon inquiry, she disclosed the names of the present petitioner and two other individuals, who took her away and abused sexually.

Based on the complaint, FIR No. 402/2023 was registered at Ladnun Police Station under Sections 376(D) and 363 of the Indian Penal Code, 1860, and Sections 5(g)/6 of the Protection of Children from Sexual Offences Act, 2012. The petitioner was arrested on 21.11.2023 and subsequently remanded to judicial custody. After completion of the investigation, a chargesheet dated 27.12.2023 was filed, and cognizance was taken by the learned Special Court, Nagaur. The matter is presently at the stage of examination of prosecution witness and the trial is pending. During the course of trial, the petitioner moved an application seeking exemption from the mandatory procedure under Section 33(2) of the POCSO Act, 2012, contending that since the prosecutrix has attained the age of majority, the requirement of submitting cross-examination questions in writing to the Court before being posed to the victim was no longer warranted. The learned trial court, however, dismissed the said application by the impugned order dated 07.02.2025 and aggreived by the same the petitioner approached this court.

Grievance and Factual Matrix of S.B. Criminal Misc.

Petitions Nos. 6206/2024 a