In a criminal revision challenging the rejection of a discharge petition and framing of charges in a POCSO case, the High Court of Jharkhand declined to interfere, holding that the accused's claim of consensual relationship could not be examined at the framing of charges stage.
The Criminal Revision No. 34 of 2022 is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 34 of 2022
Dipu Gorai …… Petitioner
Versus
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Indrajit Sinha, Advocate For the State : Mrs. Kumari Rashmi, A.P.P.
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Order No. 04/ Dated: 27.06.2022
This Criminal Revision has been filed on behalf of the petitioner challenging the order dated 29.11.2021 passed by the leaned Special Judge POCSO Dhanbad, in Special POCSO No. 38 of 2020 arising out of Chirkunda ( Panchet O.P. ) P.S. Case No. 97 of 2020, by which the learned Court below has rejected the discharge petition filed by the petitioner under section 239 of the Code of Criminal Procedure, 1973 and the charges have also been framed vide order dated 02.12.2021 under section 376, 354 C, 354 D, 504, 506 of IPC and section 8 of POCSO Act against the petitioner.
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and also for making the video of the prosecutrix viral by the petitioner but there is no such material in the case diary. It is further submitted that the relationship between both the sides was consensual. Even the prosecutrix and petitioner had established relationship with consent and which is also evident from her statement recorded under section of 164 Cr.P.C of the O.P. No. 2 and hence, the impugned order passed by the learned Court below may be set aside in the interest of justice and this Criminal Revision may be allowed.
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(Sanjay Prasad, J.)
Bibha/
3 issues framed by the court
Whether the High Court should interfere with the rejection of the discharge petition and the framing of charges in a POCSO case based on allegations of coerced relationship.
Whether the defence of consensual relationship established by the accused can be considered at the stage of framing of charges and considering discharge of the accused.
Whether the impugned order rejecting the discharge petition is sustainable in law.
8 provisions across 4 enactments
Dipu Gorai
State of Jharkhand
Dipshika Singh
Sanjay Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
