VIRENDRA KUMAR SARASWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this Criminal Revision Petition aggrieved by judgment and order 21/1/2019 passed by Special Judge, POCSO Act, 2012, (POCSO Act) No. 4, Jaipur Metropolitan, Jaipur, whereby Court below has framed charges under Sec. 354, 354(A)(1)(i) of I.P.C. and Sec. 7/8 of the POCSO Act, 2012.

(2.) It is contended by counsel for the petitioner that petitioner earlier also approached the Court against framing of charges under the Indian Penal Code along with framing of charges under the Protection of Children From Sexual Offences Act. The Criminal Revision Petition No. 539/2018 was allowed by this Court on 14/12/2018 and it was specifically observed by the Court that where in offence falls under Protection of Children From Sexual Offences Act, the Act being a special legislation, there is no requirement for framing charges under the Indian Penal Code as the sentence provided under the Protection of Children From Sexual Offences Act is more than the sentence which is provided under the Indian Penal Code.

(3.) It is contended that the Court below was directed to frame charges afresh. It was specifically mentioned in the earlier order that there was no justification for framing charges under the Indian Penal Code despite there being a specific direction, Court below has again framed charges under Sec. 354, 354(A)(1)(i) of I.P.C.