SHARATH CHANDRA POTTALA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, an accused in Sessions Case No. 152/2013 said to be pending before the Sessions Judge, Jodhpur District has filed this writ petitioner seeking the following reliefs: -

(2.) IT is submitted that the provisions in the enactment, POCSO are offending fundamental rights guaranteed by Articles 14 and 21 of the Constitution of India particularly when rather stringent provisions have been made with presumption against the accused but with no corresponding safeguard for free and fair trial. It is submitted that no provisions have been made for determination of the question of the age of the victim at the instance of the accused, and for transfer of the case for regular trial as provided in several other enactments like the Disturbed Areas (Special Courts) Act, 1976 and the Terrorist Affected Areas (Special Courts) Act, 1984. Thus, according to the learned counsel, the procedure provided in the enactment offends the rights guaranteed in the Constitution of India.

(3.) IT remains trite that a statutory provision could be challenged as ultra vires on the grounds either on the legislative competence or if the provision offends any of the provision of the Constitution. Legislative competence is not in question in the present case; and on the submissions as made, we are unable to find any of the constitutional provision being offended by the enactment.