DEPUTY INSPECTOR GENERAL, DIMAPUR Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Y.P. Gupta, learned CGC for the petitioner and Ms. V. Suokhrie, learned P.P. for the State espondent.

(2.) This criminal revision petition has been filed by the petitioner under Sec. 401 read with Sec. 397 of the Code of Criminal Procedure, 1973, assailing the order dtd. 1/4/2021 passed by learned Special Judge, Fast Track Special Court, Dimapur, Nagaland, rejecting the application dtd. 1/3/2021 filed by the Deputy Inspector General, Headquarters 6 Sector Assam Rifles to handover Number G/5012761M Riflemen (General Duty) Kush Kumar of 41 Assam Rifles (hereafter called the accused) who was apprehend by the Police in connection with Dimapur Women P.S Case No.03/2021 (corresponding to G.R Case No. 115/2021) under Sec. 354 IPC r/w Sec. 10 POCSO Act.

(3.) The case in brief is that on 26/2/2021, the accused who was on duty for the Road Opening Party (ROP) near Govt. Middle School Jharnapani, Ghashpani, Dimapur molested the victim, a student of Class-VII of the Govt. Middle School Jharnapani in the school compound by taking the photograph of the victim and firmly pressing the breast of the victim child with sexual intent.