Criminal Procedure Code, 1973
Sections 320 & 482—Inherent powers of High Court—Application to compound the offence registered under Section 365 of IPC—Applicant has been named in the charge-sheet on the basis of statement of victim—As a consequence thereto it has resulted into introduction of the offence under Sections 363, 366 and 376 of IPC and Section 3 & 4 of the POCSO Act—Nature of offence, for which the present applicant has been summoned to be tried are serious social offences, which may have a wider social repercussion in the society—Statement of complainant is in contradiction to the statement of victim—In view of statements of complainant and victim it cannot be ruled out that it is a tutored statements which has been recorded before the court below for the reasons best known to them and based on such statements the reference of which has not been made in the compounding application, as to be a basis for compounding the offence, the compounding application filed by applicant cannot be allowed—Prima facie offence against present applicant is shown to have been made out based on the statement of victim and as such cognizance taken by the court cannot be faulted—Application dismissed.
[Paras 13 to 15]