AMITABH DUTTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal revision has been preferred on behalf of petitioner, namely, Amitabh Dutta @ Amitav Dutta against the order dtd. 27/7/2022 passed by the learned Special Judge, POCSO, Dhanbad in Spl. POCSO Case No.62 of 2022 arising out of Bankmore P.S. Case No.311 of 2021 whereby and whereunder the discharge application moved on behalf of the petitioner had been rejected.

(2.) The learned counsel for the petitioner has submitted the learned court below has failed to appreciate the evidence in its entirety while rejecting the discharge application of the petitioner. The court below has failed to appreciate the allegations made in the FIR vis-a-vis the investigation done by the investigating officer. There is no iota of evidence to show that the petitioner had sexually assaulted or abused the informant. The pattern of implication in this case itself shows that the prosecution story was concocted. No offence under the POCSO Act is made out. The victim was not minor on the date of occurrence. The most impeachable evidence produced by the petitioner in regard to the date of birth was the Pan Card number as well as the running bank account of the informant, these two document showed the date of birth mentioned by the informant was false and accordingly, contended to allow this criminal revision and to set aside the impugned order passed by the court below.

(3.) The learned APP on behalf of the State has vehemently opposed the contentions made by the learned counsel for the petitioner and contended that the impugned order passed by the court below is based on the allegations made in the FIR and also evidence collected by the investigating officer during investigation. Consequently, same bears no illegality and needs no interference.