RAM SWARUP RAJWADE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The short question that emanates for consideration in this writ petition is,

(2.) The petitioner/accused herein has been charge-sheeted for the offences punishable under Section 376 of the IPC, Section 6 of the POCSO Act and also Section 3(2)(v) of the SC-ST Act of 1989 and he is standing trial for the aforesaid offences in the Court of Special Judge (Atrocities) constituted under the SC-ST Act of 1989, Korba in Special Case (SC/ST) No.35/2019, as charge-sheet has been filed on 8-7-2019 and charges have been framed against him by that Court on 4-10- 2019. The victim was also examined on 8-1-2020, but thereafter, the case could not be heard further on account of COVID-19 situation followed by closure of courts.

(3.) Now, the petitioner/accused has filed this petition stating inter alia that by virtue of Section 28(1) of the POCSO Act, Special Court constituted under the said Act would have jurisdiction to try the offences under the POCSO Act and by virtue of the provision contained in Section 28(2) of the POCSO Act, the Special Court (POCSO) shall have jurisdiction to try the offences other than the offences referred to in sub- section (1), with which the accused may, under the Code of Criminal Procedure, 1973 (for short, 'the Code of 1973'), be charged at the same trial, as by virtue of Section 31 of the POCSO Act, the Code of 1973 is applicable to proceeding before the Special Court (POCSO) and therefore by virtue of Section 26 of the Code of 1973 read with Section 28(2) of the POCSO Act, the offences under the SC-ST Act of 1989 would also be tried by special court constituted under the POSCO Act, as such, appropriate order/direction be issued to the Special Court under the SC-ST Act of 1989 directing transfer of Special Case (SC/ST) No.35/2019 to the special court constituted under the POCSO Act for trial and disposal in accordance with law.