THOUNAOJAM TEJKUMAR SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) A complaint was lodged against the petitioner before respondent No.4 stating that the petitioner sexually assaulted his daughter the minor girl. After registering the case and after conducting investigation, respondent No.5 laid charge sheet before the learned Special Court (POSCO) Imphal, East for the offence punishable under section 6 of the POCSO Act 2012. On receipt of the charge sheet the learned Special Judge took cognizance under section 6 of POCSO Act 2012 against the petitioner.

(2.) On 22.04.2019 the petitioner has filed a Criminal Petition No.16 of 2019 before this Hon'ble Court and prayed that the Hon'ble High Court be pleased to quash ST (POCSO) Case No.2 of 2018 of Special Court (POCSO) Imphal East arising out of the FIR No.36(10) 2017 WPS IE U/s 6 POCSO Act 2012 dated 9.10.2017, the first medical examination report dated 9.10.2017, the statement of the alleged child victim recorded by Judicial Magistrate First Class, Imphal East, Manipur, the charge-sheet No.1 (WPS-IE) 2018 dated 27.1.2018, the cognizance taking Order dated 22.05.2018 by Special Judge (POCSO) Imphal East in ST (POSCO) Case No.2 of 2018 and the final medical report dated 8.4.2019.

(3.) On 05.07.2019 this Hon'ble Court passed Judgment and Order in Cril. Petition No. 16 of 2019 thereby directing the learned Special judge (POCSO) Imphal, East to give fair opportunity to the petitioner/accused to putforth his case in respect of the statement recorded under Section 164 of Cr.P.C. by the learned Magistrate from the victim child on 16.10.2017.