SOMNATH PARAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for quashing of a proceeding in which a charge-sheet was submitted against the accused under Sections 323, 341 and 509 of the Indian Penal Code, Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and added Section 12 of the POCSO Act, 2012.

(2.) Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the tenants of the grandmother of the minor victim boy. The main allegations are against the two other relatives of the child. Initially the petitioners were not arraigned as accused in the First Information Report. However, after recording of the statement of the 12 years old victim boy, they were made accused in this case although the only charge levelled against the present petitioners was under Section 12 of the POCSO Act. As would be evident from a plain reading of the statement of the victim boy recorded under Section 164 of the Code, no prima facie case is made out against the petitioners. The case is a fallout of a dispute between the family members and the present petitioners have been unnecessarily dragged into it.

(3.) I have heard the submissions of the learned counsel appearing on behalf of the petitioners and have perused the revision petition including a copy of the statement of the 12 years old boy recorded under Section 164 of the Code.