PRATAP PRAMANICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By the instant application the petitioners have assailed the order dated 15th February, 2019 passed by the Sessions Judge Howrah in Criminal Misc Case No. 102 of 2019 arising out of Joypur P.S. Case No. 199 of 2018 dated 30th November, 2018 under Sections 376(2)(d)/ 376(2)(i)/ 376(2)(n)/ 376D/ 323/ 354C/ 354/ 509/114 IPC and Sections 6/10/17 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act).

(2.) By the order impugned the aforesaid Criminal Misc Case arising out of an application under Section 408 of the Code of Criminal Procedure filed at the instance of the State was allowed on contest and the case being Special Case No. 118 of 2018 has been transferred from the Court of Additional Sessions Judge, 1st Court at Uluberia designated as Special Court under POCSO Act to the Court of Additional Sessions Judge 2nd Court at Howrah designated as Special Court under POCSO Act for trial and disposal.

(3.) The facts in brief leading to the present application may be summarized as follows: On the basis of a report dated 27/11/2018 of Mayukhi Kayal, Counsellor, District Child Protection Unit, Howrah, alleging that two female children of the Child Care Institution named Chiranabin have been sexually abused by the male staff and associated persons of the said Home, the above mentioned case being Joypur P.S. Case No. 199 of 2018 dated 30/11/2018 was initiated. Investigation of the case culminated in the submission of the charge-sheet against the petitioners herein under Sections 376(2)(d)/ 376(2)(i)/376(2)(n)/ 376D/ 323/ 354C/ 354/ 509/ 114 IPC and Sections 6/10/17 of POCSO Act. Cognizance was taken by the Additional Sessions Judge 1st Court at Uluberia, being the Special Court designated under POCSO Act whereafter charges were framed against the petitioners and the case was posted for evidence. At this stage an application under Section 408 of the Code of Criminal Procedure was filed by the prosecution seeking transfer of the case to the Special Court under POCSO Act at Howrah Sadar on the ground that the safety and security of the two deaf and dumb victim girls may be at stake if they are taken from Liluah Home to Uluberia Court for their deposition. It was further contended before the Sessions Judge that the Special Court at Howrah Sadar is nearer to Liluah Home where the victim girls have been kept in safe custody. It was also canvassed that the Special Court under POCSO Act at Uluberia is not child-friendly as required under POCSO Act. The application under Section 408 CrPC was opposed by the accused persons/petitioners herein mainly on the ground that the Sessions Judge has no power to transfer a case under POCSO Act from one Special Court constituted under the said Act to another such Court. After hearing the learned counsel for the parties the impugned order was passed.