SHUBHAM KAROSIA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Mr.J.K.Gupta, learned counsel for the applicant. Also heard Mr.Nitansh Jaiswal, learned Panel Lawyer for the respondent/State.

(2.) The petitioner has filed this petition under Sec. 407 of the CrPC for transfer of Special Criminal Case (POCSO Act) No.68/2023 pending before the Special Judge (POCSO), IInd Fast Track Special Court, Bilaspur to any other Court of the District Court, Bilaspur.

(3.) Brief facts of the case are that an FIR was lodged on 12/4/2023 by the father of the victim for offences under Sec. 376(2)(n) and 313 of the IPC and Sec. 4 and 6 of POCSO Act against the applicant at Police Station, Sarkanda, District Bilaspur bearing Crime No. 513/2023. The applicant was arrested on 12/4/2023, he is judicial custody and Special Criminal Case (POCSO Act) No. 68/2023 between State of Chhattisgarh v. Shubham Karosia is pending before Learned Special Judge (POCSO), IInd Fast Track Special Court, Bilaspur. The statements of the prosecution witnesses were recorded by the learned Court below, but on 9/1/2024 the victim of the case has appeared before the learned trial Court and submitted her affidavit, application for no objection for grant of bail to the applicant and application under Sec. 311 of the CrPC to re-examine herself because when the Court called her for recording of the statement, her parents were present with her, under whose pressure she was afraid to speak the truth before the Court and gave the statement as per the instructions of her parents. On 16/1/2024 the victim appeared and stated before the learned Court below that I want to live with the accused, I do not want to go with my parents" which she had mentioned in the order-sheet. Thereafter, the Court below sent the victim to the Child Welfare Committee, but since the victim has become an adult, the Child Welfare Committee refused to keep the victim, hence the victim was sent to Shakhi Center located at Nutan Chowk. But on 17/1/2024, the victim was sent to live with her parents without her will, which shows the hand in gloves with the authorities.