The Karnataka High Court has ruled that a new case under the Sexual Offenses Act (POCSO) may be added to criminal proceedings ordered by a Sessions judge. A man accused under the Indian Penal Code (IPC) of crimes involving the removal of a minor girl, criminal intimidation, and a criminal conspiracy called for II. another district and sitting judge to continue the next case under section 7 of the POCSO action before the Supreme Court.
The High Court rejected his motion, stating that “no error can be found in the order of the court in question”. The prosecution sought to change the case to the addition of a crime under the POCSO, according to section 216 of the Criminal Procedure Code (CrPC), as appropriate, the High Court said.
Section 7 of the POCSO Act deals with the touching of certain sexual parts of minors with sexual intent. It also refers to “any act” with a sexual intent that involves physical contact but without penetration. During the trial, the victim testified that the accused was touching inappropriate areas of his body, which led the prosecution to supplement the case under the POCSO Act.
The victim was on his way to school on December 1, 2016, when a suspected cyclist offered to take him to school. However, he and two other defendants abducted her to marry a fourth accused. The girl escaped the arrest and was reported to the police. The accused, along with others, were indicted under the IPC.
At the hearing, the prosecution, based on the woman’s statements, asked for the prosecution to be reconsidered and for the crime to be recorded, which is also punishable under the POCSO Act. The court judge approved the amendment on December 12, 2024. A petition challenging the court judge’s order was recently rejected by Single Court Judge Single Naggeras M. Benaprasanna.
