LONGJAM PINKY SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Kh. Samarjit, learned counsel appearing for the petitioner and Mr. H. Samarjit, learned G.A. for the respondents.

(2.) In this writ petition, the petitioner has sought for a direction to be issued to the Special Court (POCSO) first to determine age of the victim before proceeding with framing of charge against the petitioner under the Protection of Children from Sexual Offences (POCSO) Act,2012(hereafter referred to as the POCSO Act or Act ).

(3.) Mr. Kh. Samarjit, learned counsel for the petitioner submits that the criminal proceeding has been initiated before the Special Court (POCSO), Imphal West, Manipur against the petitioner on the premise that the victim is a minor, as only when the victim is a minor, the provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012 will be attracted. If the victim is not a minor, obviously, the Protection of Children from Sexual Offences (POCSO) Act, 2012 will not be attracted and normal law as provided under the relevant provisions of IPC as well as Cr.P.C. will be attracted.