PANKAJ BARAIK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer to quash the entire criminal proceedings arising out of Simdega (Mahila) P.S. Case No.16 of 2024 corresponding to Special POCSO Case No.21 of 2024 and in alternative to quash the order dtd. 18/8/2025 passed in Misc. Criminal Application No.503 of 2025 passed in the said Simdega (Mahila) P.S. Case No.16 of 2024 corresponding to Special POCSO Case No.21 of 2024 by the trial court whereby and where under the trial court has rejected the petition filed under Sec. 311 of Cr.P.C.

(3.) The brief fact of the case is that the petitioner has committed penetrative sexual assault and rape upon the minor victim girl. After investigation of the case, police found the allegations to be true, submitted charge-sheet and charge has been framed. The victim has been examined as P.W.2. She has supported the case of the prosecution. The examination-in-chief of the victim is up to paragraph-5 and she has been cross-examined and length from paragraph-6 to 33. The testimony of the prosecutrix has not been demolished in any manner in her cross-examination.