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FARJAND ALI
Jasaram Pander – Appellant
Versus
State of Rajasthan – Respondent
ORDER
Grievance and Facts of S.B. Criminal Misc. (Pet.) No.2282/2025
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 subsequ
(1) Examination of child victim – Once individual crosses statutory threshold of eighteen years and becomes adult, very rationale underpinning procedural shield falls away – It would be a legal incon....
The main legal point established in the judgment is the right to cross-examine the victim under the POSCO Act and the importance of maintaining a child-friendly atmosphere in court.
The closure of a child victim's cross-examination in a sexual assault case was ruled unjustified, emphasizing the necessity of safeguarding procedural rights and ensuring a fair trial under the POCSO....
Point of law: POCSO Act – To appoint competent Special Public Prosecutors exclusively attached to the Special Courts dealing with matters under the POCSO Act, so that the time-frame under Section 35 ....
The right to cross-examine witnesses is essential for a fair trial, and courts must balance this right with the need for expeditious proceedings.
The rejection of a minor victim's request for video conferencing testimony was overturned to ensure the protection and dignity of vulnerable witnesses under the POCSO Act, highlighting the judiciary'....
In child sexual offence trials, recall of witnesses under Section 348 BNSS rejected for vague claims of inadequate prior cross-examination, counsel change, and delay; prioritizes child victim's prote....
The POCSO Act mandates the protection of minor victims during trials, allowing testimonies via video conferencing to ensure psychological safety and prevent exposure to the accused.
The court ruled that while direct questioning of child witnesses by defense counsel is prohibited under Section 33(2) of the P.O.C.S.O Act, the screen obstructing the view of the witness from the def....
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