Satyaveer Kumar v. the State of Bihar
Case brief
What is this about?
Petitioner sought quashing of Special Judge POCSO's order framing charges under Section 4 of the POCSO Act despite Medical Board findings suggesting victim's age was above 18. Court observed obligation under Section 34(2) POCSO Act regarding age determination and disposed of the petition.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11252 of 2021
Arising Out of PS. Case No.-353 Year-2018 Thana- NATHNAGAR District- Bhagalpur
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SATYAVEER KUMAR Son of Gajadhar Prasad Yadav Resident of Mohalla - Sahibganj, P.S.- Vishwavidyala, District - Bhagalpur.
... ... Petitioner/s
Versus
- THE STATE OF BIHAR
- Arsh Bano @ Mariyam Daughter of Md. Rejaul Resident of Mohalla - Uttar Tola, Nathnagar, P.S.- Nathnagar, District - Bhagalpur.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
Issues for consideration
3 issues framed by the court
Whether the application for quashing the order altering the charge framed under Section 4 of the POCSO Act, given the discrepancy in the victim's age determination, should be allowed.
Whether the trial court erred in framing charges under Section 4 of the POCSO Act without the educational certificates being filed regarding the victim's age.
Whether Section 34(2) of the POCSO Act mandates an opportunity to take plearelation to age determination before charging the petitioner.
Parties & counsel
- petitioner
Satyaveer Kumar
- respondent
The State of Bihar
- respondent
Arsh Bano @ Mariyam
Coram
Case details
As recorded by the court registry
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