Court invokes inherent jurisdiction to prevent abuse of process in case involving alleged offences under POCSV Ordinance 2018.
In a significant ruling, the Jammu and Kashmir High Court has quashed the supplementary chargesheet filed against Aqib Ahmad in a case involving alleged sexual offences under the Protection of Children from Sexual Violence (POCSV) Ordinance, 2018. The chargesheet, which introduced offences under Sections 3/4 of the POCSV Ordinance, was deemed an abuse of process by the court, leading to its dismissal. This decision, delivered by Mr. Sanjay Parihar, J., underscores the court's commitment to preventing misuse of judicial processes and ensuring justice.
The case stemmed from an incident reported on November 23, 2018, where the complainant alleged that his minor son was sexually assaulted. Initially, charges were framed under Sections 377 and 511 of the Ranbir Penal Code (RPC). However, following a trial court order for further investigation, offences under the POCSV Ordinance were added based on an improved victim statement, contradicting earlier medical evidence which showed no signs of assault.
The petitioner, Aqib Ahmad, challenged the supplementary chargesheet, arguing that it was a mala fide attempt to alter the case's nature and prolong litigation. The defense contended that the introduction of new offences was legally unsustainable and contradicted foundational evidence.
The High Court, invoking its inherent powers under Section 482 of the Criminal Procedure Code, as replaced by Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, found that the supplementary chargesheet's introduction of aggravated offences lacked a factual basis and was an afterthought. The court emphasized that further investigation should not be used to fill gaps or fundamentally alter the prosecution case, echoing principles established in the landmark Supreme Court case of State of Haryana v. Bhajan Lal.
While the court quashed the supplementary chargesheet concerning the POCSV Ordinance offences, it allowed the trial to proceed with the original charges under Section 377/511 RPC and Section 506 RPC, alongside charges under Sections 7/8 of the POCSV Ordinance.
This judgment reflects the judiciary's role in safeguarding against procedural abuses and ensuring that justice is not compromised by unfounded allegations.
Bottom line:-
The supplementary chargesheet introducing offences under Sections 3/4 of the POCSV Ordinance, 2018, based on an improved victim statement contradicting contemporaneous medical evidence, constitutes an abuse of process of law. The inherent jurisdiction under Section 482 CrPC, now Section 528 BNSS, can be invoked to prevent such misuse and to secure justice.
Statutory provision(s):
Criminal Procedure Code, 1973 Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Protection of Children from Sexual Violence Ordinance, 2018 Sections 3/4, Ranbir Penal Code Sections 377/511/506
Aqib Ahmad v. Union Territory, (Jammu And Kashmir)(Srinagar) : Law Finder Doc id # 2889618
