Criminal Procedure Code, 1973
Sections 227 & 228—Framing of charge—Consideration—At the stage of charge, it is necessary for the court to look into the facts and circumstances of the case and the court is bound to duly consider the material placed on record—Court is required from the material so placed to reach a conclusion as to whether the essential ingredients of the alleged offence are prima facie made out or not—Though a mini-trial or a roving inquiry into the pros and cons of the case is not permitted at this stage, the court is also not supposed to act merely as a postman of the prosecution and there must be strong suspicion against the accused.
[Para 13]
Indian Penal Code, 1860
Section 354 & Section 10 of the POCSO Act—Sexual assault—Discharge of respondent/accused—Revision—Respondent/teacher alleged to caught hand of victim/student and patted on her shoulder—Material placed on record does not make out any offence, even prima facie to frame charge against accused—In the statement recorded under Section 164 CrPC before the Magistrate, the complainant did not give account of any incident of sexual assault against the respondent—Considering statement of complainant recorded under Section 164 CrPC as well as her MLC, no grave and strong suspicion arises against accused/respondent to frame charge under Section 354 of IPC against him as allegations is of patting on her shoulder to assure her that she will not be made monitor of the class—Discharge of respondent/accused—Proper.
[Paras 14 & 15]