The Punjab and Haryana HC was dealing with the Criminal Revision filed against the order dated 12.03.2021 passed by learned ASJ/Fast Track Court (POCSO), Karnal. The charges framed against the petitioner were under Section 10 of the POCSO Act and in the alternative under Section 354 IPC and further under Section 6 read with Section 18 of the POCSO Act and in the alternative under Section 376AB read with Section 511 IPC.
The Learned counsel for the petitioner contended that a false and fabricated case have been lodged against the petitioner. The counsel submitted that the charges had been framed against the petitioner in a hurried manner by the trial Court and does not fulfil the essential ingredients to attract the above said Sections.
In the beginning, learned counsel for the petitioner was asked as to what was the stage of the trial. He submitted that the prosecution evidence was underway and three prosecution witnesses including the victim already stood examined. In the circumstances. The Court fails to understand as to how the prayer of learned counsel for the petitioner can be accepted at this belated stage. The Court stated that “the Court while framing charges is not to and cannot be expected to appreciate and delve into the probative value of the material collected during investigation. On the other hand, learned counsel for the petitioner is wanting this Court to do exactly that and quash the charges by weighing the correctness of the evidence collected by the investigating agency and thereafter produced during trial.”
The HC dismissed the petition.
Bench: Hon'ble Mrs. Justice Manjari Nehru Kaul
Case Title: Aman v. State of Haryana
Case Details: CRR-859-2021
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