GUWAHATI, India, Feb. 3 -- Gauhati High Court issued the following order on Jan. 6:
1. Heard Mr. A. Ganguly, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.
2. The present criminal revision petition under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is directed against an Order dated 22.04.2025 passed in Petition no. 173/2025 by the Court of Additional Sessions Judge-cum-Special Judge [POCSO], Nagaon, Assam ['the Special Court', for short] in the course of proceedings of Special POCSO Case no. 48[N]/2018.
3. The case of the petitioner, sans the unnecessary details, is that the petitioner as the informant lodged a First Information Report [FIR] before the Officer In-Charge, Sadar Police Station, Nagaon on 16.08.2017 alleging inter alia that the accused nos. 1, 2 & 3 on 15.08.2017 had gang-raped her. In the FIR, the petitioner-informant mentioned her age to be 16 years and twelve persons as accused. On receipt of the FIR, the same was registered as Nagaon Police Station Case no. 2212/2017 for the offences under Sections 143/341/342/328, Indian Penal Code [IPC] read with Section 6, Protection of Children from Sexual Offences [POCSO] Act, 2012 on 16.08.2017 itself and entrusted the investigation to a Sub-Inspector of Police attached to the said Police Station.
4. After completing the investigation, the Investigating Officer of the case submitted a charge-sheet vide Charge-Sheet no. 699 on 31.05.2018 finding a prima facie case established against the accused no. 1-respondent no. 2 under Section 4, POCSO Act. Other than the accused no. 1-respondent no. 2, the I.O. did not send the other accused persons named in the FIR to face the trial on the ground that sufficient materials could not be found against them to forward a case for trial. In the FIR, the I.O. listed fifteen nos. of witnesses who deposed to establish the case of the prosecution in the trial.
5. On receipt of the Charge-Sheet, the Special Court registered the same as Special [POCSO] Case no. 48[N]/2018 and after taking cognizance, issued process to the accused no. 1-respondent no. 2 for his appearance before the Court to face the trial. 6. Aggrieved by the fact that the other accused persons named in the FIR were not charge-sheeted, the petitioner-informant as the victim took recourse of law by initiating proceedings in the form of Petition no. 1761/2018 before the Special Court, followed by Criminal Revision Petition no. 138/2019 before this Court. By a Judgment and Order dated 16.09.2022, this Court disposed of the criminal revision petition by setting aside an Order dated 26.02.2019 passed by the Special Court. By the Order dated 26.02.2019, the Special Court had observed that even if the other accused persons named in the FIR were not charge-sheeted, the Court had power under Section 319, Code of Criminal Procedure, 1973 [CrPC] to bring any other accused, not named in the ChargeSheet, if there appears evidence against them regarding their involvement in the offences/charges under the trial. While setting aside the Order dated 26.02.2019, this Court remanded the matter back to the Special Court to consider the matter afresh after affording an opportunity of being heard to both the parties and to pass an order on the Charge-Sheet submitted under Section 173[2], CrPC.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x%2F8GVKsKa%2BEHDmLcHLjtZ%2BPx%2B%2Bnc9DhIddrUDa%2B36cwk&caseno=Crl.Rev.P./213/2025&cCode=1&cino=GAHC010123152025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
