Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.319 and ss.161 164 accused part of management of school Cr.P.C sexual assault FIR lodged by the father of prosecutrix POCSO Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - s.319 and ss.161, 164 - FIR lodged by the father of prosecutrix (aged about 6 years) about sexual assault on her - Prosecutrix in her statement inter alia stated that after she returned to her classroom, two men came; one of them wore spectacles and the other did not, and took her out from there- She deposed that two men had touched her before also and assaulted her five times earlier secretly in the garden - Appellant is said to be the person who was wearing spectacles, as identified by the victim - Application filed to summon the appellant - On appeal, held: Prosecutrix is a small child - Initial version of the father of the prosecutrix and the prosecutrix herself, as disclosed by her father in the FIR, is assault by one person - It is parents of the child who took the photographs either from the website of the School or from the Facebook to introduce a person with spectacles as an accused- Obviously, the father of the child must have anger against the management of the School as his child was violated when she was studying in the School managed by the appellant - But, the anger of the father against the management of the School including the appellant is not sufficient to make him to stand trial for the offences punishable u/s.376(2), IPC r/w ss. 5/6 of the POCSO Act - No prima facie case of any active part on the part of the appellant is made out in violating the small child - It is suggestive role of the family which influences the mind of the child to indirectly implicate the appellant - Fact that the prosecution after investigations has found no material to charge the present appellant also cannot be ignored - Heinous crime committed should not be led into prosecuting a person only because he was part of the management of the School - Order passed by the Trial Court to summon the appellant u/s.319 of the Code is set aside - Penal Code, 1860 - s.376(2) - Protection of Children from Sexual Offences Act, 2012 - ss. 5, 6. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 1161 |
Petitioner | Mani Pushpak Joshi |
Respondent | State Of Uttarakhand & Anr. |
SCR | [2019] 13 S.C.R. 819 |
Judgement Date | 2019-10-17 |
Case Number | 1517 |
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