NO PRIMA FACIE CASE UNDER POCSO; KULGAM COURT DISCHARGES ACCUSED
Principal Sessions Judge Says Trial Courts Cannot Act as “Post Office” of Prosecution; Orders Release of Accused
KULGAM, June 9 (KNC): The Principal Sessions Court, Kulgam, has discharged an accused booked under the Protection of Children from Sexual Offences (POCSO) Act and provisions of the Bharatiya Nyaya Sanhita (BNS), observing that the prosecution had failed to place sufficient material on record to establish a prima facie case for framing of charges.
While adjudicating an application seeking discharge, the court underscored that at the stage of framing charges, it is duty-bound to examine whether the material collected during investigation, if accepted at face value, discloses the essential ingredients of the offences alleged. The court observed that a trial court cannot function merely as a “post office” of the prosecution and must independently apply its judicial mind to the evidence before it.
The court took into account statements recorded during the investigation wherein the prosecutrix and her mother stated that the prosecutrix had solemnised Nikah with the accused and that a child had been born from their relationship.
It also noted discrepancies relating to the age of the prosecutrix, observing that conflicting documents concerning her date of birth were available on record. The court remarked that while the investigating agency relied upon one set of documents, it failed to satisfactorily address other records indicating a different age.
Referring to settled legal principles governing discharge and framing of charges, the court held that an accused cannot be compelled to undergo trial merely because a charge-sheet has been filed when the material on record does not reveal the basic ingredients of the offences invoked.
Finding no sufficient grounds to proceed against the accused under the POCSO Act and relevant provisions of the BNS, the court discharged him from the case and directed that he be released from custody forthwith, provided he is not required in connection with any other case.
The judgment was delivered by Principal Sessions Judge Kulgam, Aijaz Ahmad Khan.
Public Prosecutor Rafi Ahmad Mir represented the Union Territory, while Peer Abid, Advocate, appeared on behalf of the accused.(KNC)
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