Criminal Procedure Code, 1973
Section 482—Inherent powers of High Court—Exercise of power under Section 482 of CrPC is an exception and not the rule and it is to be exercised ex debito justitiae to do real and substantial justice for the administration of which alone courts exist—While considering to challenge the charge-sheet and summoning order only on the basis of statements recorded under Section 161 CrPC, the proceeding may not be quashed as the evidence which has to be considered during trial is still to led.
[Paras 7 & 18]
Section 482—Inherent powers of High Court—Exercise of—If the FIR and materials collected disclose a cognizable offence and final report filed under Section 173(2), CrPC on completion of investigation based on it would reveal that the ingredients to constitute an offence under the POCSO Act and a prima facie case against the persons named therein as accused, the truthfulness, sufficiency or admissibility of the evidence are not matters falling within the purview of exercise of power under Section 482 CrPC and undoubtedly they are matters to be done by the trial court at the time of trial.
[Para 18]
Sections 161—Statements—Admissibility—Statements recorded under Section 161 CrPC are inadmissible in evidence and same could not have been taken into consideration by the court while adjudicating a petition filed under Section 482 CrPC.
[Para 19]
Sections 161 & 164—Statements—Admissibility—Statements recorded under Section 161 CrPC are inadmissible in evidence and its use is limited for the purposes as provided under Sections 145 and 157 of the Evidence Act—As a matter of fact, statement recorded under Section 164, CrPC can also be used only for such purposes.
[Para 20]
Protection of Children from Sexual Offences Act, 2012
Section 19(1)—Failure to discharge legal obligation—Effect—Prompt and proper reporting of the commission of offence under the POCSO Act is of utmost importance and its failure on coming to know about the commission of any offence thereunder would defeat the very purpose and object of the Act.
[Para 15]
Sections 19(1) & 21(1)—Quashing of FIR and final report qua respondent—Appeal—Non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more often than not, it is an attempt to shield the offenders of the crime of sexual assault—FIR carries suspicion of commission of sexual assault and charge-sheet reveals prima facie against the respondent in relation to non-reporting of such an offence under the POCSO Act—High Court had gone through the statements of victims/witnesses cited by the prosecution, to arrive at the conclusion as to the existence or otherwise of evidence against the respondent—Such statements recorded under Section 161/164 CrPC are inadmissible in evidence—In the light circumstances available and in the light of Section 59 of the Evidence Act, the High Court was not justified in brining abrupt termination of the proceedings qua respondent—There is prima facie case against respondent for offence alleged—Impugned judgment resulting in quashment of the stated FIR and charge-sheet throttling the prosecution at the threshold, without allowing the materials in support of it to see the light of the day, cannot be said to be an exercise done to secure interests of justice whereas it can only be stated that such exercise resulted in miscarriage of justice—Impugned judgment of High Court set aside—Appeal allowed. [Criminal Procedure Code, 1973, Section 482]
[Paras 22 to 25]