MOHAMMAD SAIMULLAH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This is an application under Sec. 482 Cr.P.C, with a prayer to set aside and quash the criminal proceedings against the petitioner and the portion of the impugned order dtd. 18/11/2021 whereby, charges were framed against the petitioner in Special (POCSO) Case No. 58 of 2020.

(2.) Heard Mr. S.C. Chakrawarty, learned Sr. counsel along with Ms. A. Barua, learned counsel for the petitioner who has submitted that an FIR dtd. 23/4/2020 was lodged before the Officer-In-Charge Madanrting P.S by the respondents No. 2 and 3 herein as complainants. In the said FIR, it was alleged that on 15/4/2020, their minor daughter of nine years old, while she was playing near her house, some persons were playing cards and one of them asked her for a glass of water and at that time, he grabbed her hand, but the said minor daughter managed to run away. Another incident which happened on 19/4/2020 involving the said minor daughter and another person was also noted down in the said FIR, however, the petitioner herein is concerned only with the first incident as he is the named accused in that said FIR.

(3.) It is further submitted that on the FIR being acknowledged, Madanrting P.S Case No. 32(4)2020 under Sec. 9(m)/10 POCSO Act was registered. On investigation launched, the Investigating Officer has followed due procedure and after examination of witnesses and recording of relevant statements, has filed the final report under Sec. 173 Cr.P.C indicating a finding of a prima facie case under Sec. 9(m)/10 POCSO Act against the petitioner herein and also against the other accused person. The charge sheet No. 52/2020 dtd. 8/8/2020 was accordingly brought to the knowledge of the Special Court (POCSO) for consideration. The learned Special Judge (POCSO) on consideration of the charges after hearing the parties has found it fit to frame charges against the petitioner herein under Sec. 354/354A IPC and under Sec. 7/9(m)/10 of the POCSO Act and has also directed that trial shall proceed against the petitioner herein and also against all the other accused persons. This relates to order dtd. 18/11/2021, the matter is now fixed for evidence of the prosecution.