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HIGH COURT OF CHHATTISGARH
Mr. Justice Parth Prateem Sahu, J
Manoj Kumar Agrawal – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. allegations of ongoing abuse leading to legal scrutiny. (Para 2 , 3) |
| 2. contention over specifics of charges and adequacy of consent. (Para 4 , 5 , 6) |
| 3. issues regarding the framing of charges and evidentiary considerations. (Para 8 , 12) |
| 4. court's ruling on the necessity of remanding for proper charge framing. (Para 28 , 29) |
1. The instant revision has been filed under Section 397 read with Section 401 of the Code of Criminal Procedure , 1973 (hereinafter referred to as the "CrPC") seeking setting aside of the order dated 05.07.2023 passed in Special Criminal Case No.1/2023 by which learned Additional Sessions Judge (FTC) (POCSO), Raigarh has rejected application of applicant filed under Section 227 of CrPC and charged the petitioner under Sections 376 (2) (n), 376 (2), 506 of the Indian Penal Code (hereinafter referred to as ‘IPC’); Section 5 (l) & 6 of POCSO Act and Section 3 (2) (v-a), 3 (1) (w) (i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth ‘the Act of 1989’).
2. Brief facts of present case, as alleged in FIR, are that on 1.11.2022 victim lodged written report in concerned police station mentioning that du
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