MANENDRA PRASAD TIWARI Vs. AMIT KUMAR TIWARI

JUDGEMENT

(1.) This appeal, by special leave, is at the instance of the original first informant (father of the deceased) and is directed against the judgment and order passed by the High Court of Madhya Pradesh at Jabalpur dtd. 2/12/2021 in the Criminal Revision Application No. 211 of 2021 by which the High Court allowed the revision application filed by the accused (respondent No. 1 herein) and thereby set aside the order passed by the trial court framing charge against the accused of the offence punishable and discharged him under Sec. 376 of the Indian Penal Code (for short, "IPC") and Ss. 5 and 6 resply of the Protection of Children from Sexual Offences Act, 2012 (for short, POCSO Act").

(2.) The facts of this litigation are quite heart-breaking and at the same time, more disturbing is the utterly incomprehensible impugned judgment of the High Court discharging the accused of the offence of rape essentially on the ground of delay in the registration of the First Information Report (FIR).

(3.) Since this litigation arises from the First Information Report (FIR) registered for the offence punishable under Ss. 376 of the IPC and the provisions of the POCSO Act, this Court must ensure that the identity of the victim is protected. In such circumstances, the deceased victim shall be referred to as X.