NISHA PRIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Cr.M.P. has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding in connection with Sadar (Bara Bazar) P.S. Case No.120 of 2019 corresponding to Special POCSO Case No.103 of 2021 including the order taking cognizance dtd. 2/11/2021 whereby and where under the learned Special Judge, POCSO, Hazaribagh has taken cognizance for the offence punishable under Ss. 323 and 504 of the Indian Penal Code and Sec. 10 and 12 of POCSO Act and directed to issue summon against the petitioner.

(3.) The allegation against the petitioner is that the petitioner has sexually harassed the victim- minor boy, committed aggravated sexual assault upon the victim-minor boy. Police after investigation of the case, found the allegations to be true and submitted charge-sheet against the petitioner for having committed the offences punishable under Ss. 4, 6, 10 and 12 of the Protection of Children from Sexual Offences Act, 2012. Learned Magistrate upon receipt of the charge sheet upon taking into consideration the materials in the record including the statement of the victim-boy recorded under Sec. 161 Cr.P.C., the F.I.R., the charge-sheet and statement of witnesses mentioned in paragraphs-6, 7 and 8 of the case-diary, found sufficient materials for proceeding in the case and a prima facie case for the offences punishable under Ss. 323 and 504 of the Indian Penal Code and Sec. 10 and 12 of the Protection of Children from Sexual Offences Act, 2012 was made out and took cognizance for the said offences.