Criminal Procedure Code, 1973
Sections 218 to 221—Issue of joinder of charges—While the initial FIR was registered under Sections 323/341/354/506/34 IPC, Section 509 IPC and Section 12 POCSO Act were added only pursuant to recording of statement of minor victim under Section 164 of CrPC—Petitioner assails only the charges framed by trial court under Section 509 of IPC and Section 12 of the POCSO Act—Incident alleged by minor victim cannot be held as a part of same transaction merely for the reason that accused person is same or place of incident is common—Every charge has to be tried separately as per Section 218 of CrPC, subject to the exceptions provided under Section 219-221 of CrPC—Case, however, is not covered under any of such exceptions—Offences alleged to have been committed by petitioner against minor victim are not punishable under the same provisions of substantive law, thus, do not fall within ambit of Section 219 of CrPC—Since they also do not form part of same transaction, Section 220 also cannot be applicable—Further, there is no doubt as to under what offence would the alleged acts of petitioner fall, so as to invoke the exception of Section 221 of the Code—Issue of joinder of charges is to be decided at the initial stage—Impugned orders framing charges against petitioner under Section 509 IPC and Section 12 of the POCSO Act are set aside.
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