Court No. - 12
Case :- APPLICATION U/S 482 No. - 18930 of 2018 Applicant :- Vishambhar Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Ashutosh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By the impugned order dated 3.2.2018 passed by the Special Judge (POCSO Act)/Additional Sessions Judge, Court No.17, Agra has decided the objection raised on behalf of the complainant regarding age of his daughter, who is alleged to have enticed away by the accused, Pinki. The Special Judge (POCSO Act) has held that as yet no evidence has been recorded and in the medical report as well as statement of the Principal of the college her age comes to 17 years and more than 18 years, respectively. Therefore, the case has been rightly sent to the Special Judge (POCSO Act). By the impugned order the Special Judge (POCSO Act) has only directed the statements under sections 200 and 202 Cr.P.C. to be recorded on the ground that the statement recorded before the Magistrate have been inconsequential after sending of the case to the court of Special Judge(POCSO Act)..
Learned counsel for the applicant states that once the statements under section 200 and 202 Cr.P.c. were recorded by the Magistrate there is no occasion for recording the statement again by the Special Judge (POCSO Act) .
The Special Judge (POCSO Act) is recorded the finding that he is required to follow the procedure of trialby Sessions Court therefore, recording the statement is necessary. The order of the court below is justified, therefore, there is no merit in this application. The application is accordingly dismissed.
Order Date :- 29.5.2018 Atul kr. sri.