RAKESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) An unusual prayer has been made in the present petition seeking the relief of change of Additional Public Prosecutor, who is conducting POCSO Case bearing No.115 of 2019 pending on the file of Special Judge, POCSO Act, Nagpur. The petitioner is an accused of the concerned case, who apprehends that there would be no fair trial, if the prosecution is continued through the concerned APP i.e. respondent No.3 in the present petition. The petitioner's apprehension is based on some prior instances occurred during pendency of POCSO Case.

(3.) The petitioner was chargesheeted for the offence punishable under Ss. 8 and 10 of the Protection of Children from Sexual Offences Act, 2012. Since inception, the trial was conducted by respondent No.3 in the capacity of Additional Public Prosecutor. It is informed that till date, six witnesses have been examined and the evidence of Investigating Officer has only remained. Earlier, one Advocate Mr Narendra Vaidya was appointed by petitioner (accused) to defend himself, who has conducted the case to some extent. Later on, there were some events giving rise to allegations and counter allegations against each other. Particularly, respondent No.3 (Lady APP) has lodged a report on 20/3/2023 alleging the offence punishable under Sec. 354-D , 186 read with Sec. 34 of the Indian Penal Code, 1860 against Advocate Mr Vaidya as well as the petitioner. Particularly, serious allegations have been levelled against the petitioner that he was pressurizing and stalking the respondent No.3 (Lady APP), and therefore, crime was registered at Sadar Police Station, District Nagpur in Crime No.134 of 2023 and investigation is going on.