New charge under POCSO Act can be added during criminal trial: Karnataka HC
Bengaluru, Jun 13: The High Court of Karnataka has held that a new charge under the Protection of Children from Sexual Offences (POCSO) Act can be added to a criminal trial by the order of a Sessions Court judge.
A man, facing charges under the Indian Penal Code (IPC) for offences of procuration of a minor girl, criminal intimidation and criminal conspiracy, had challenged the II Additional District and Sessions Judge, Kolar, allowing the additional charge under Section 7 of the POCSO Act before the High Court.
The High Court dismissed his petition saying no fault can be found with the order of the concerned court .
The prosecution had sought the alteration of charge for addition of offence under POCSO, under Section 216 of the Criminal Procedure Code (CrPC), which is proper, the High Court said.
Section 7 of POCSO Act deals with the acts of touching specific sexual parts of minors with sexual intent. It also deals with any other act' done with sexual intent which involves physical contact but without penetration.
During the trial, the victim had testified that the accused had touched inappropriate places of her body leading the prosecution to seek adding the charge under POCSO Act.
The victim was going to school on December 1, 2016 when the accused on a bike offered to drop her at school. But, along with two other accused, he kidnapped her to get her married to the fourth accused.
The girl escaped from their custody and a complaint was filed with the police. The accused, along with others, were charged under the IPC.
During the trial, based on the statements made by the girl, the prosecution sought the alteration of the charge and inclusion of offence punishable under POCSO Act as well. The Sessions Judge allowed the addition on December 12, 2021.
The petition challenging the Sessions Judge order was recently dismissed by the Single Judge Bench of the High Court Justice M Nagaprasanna.
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Another North Goa nightclub sealed; Kejriwal says corruption led to fire tragedy
Panaji (PTI): As part of a crackdown against tourist establishments violating laws and safety norms in the aftermath of the Arpora fire tragedy, Goa authorities on Saturday sealed a renowned club at Vagator and revoked the fire department NOC of another club.
Cafe CO2 Goa, located on a cliff overlooking the Arabian Sea at Vagator beach in North Goa, was sealed. The move came two days after Goya Club, also in Vagator, was shut down for alleged violations of rules.
Elsewhere, campaigning for local body polls, AAP leader Arvind Kejriwal said the fire incident at Birch by Romeo Lane nightclub at Arpora, which claimed 25 lives on December 6, happened because the BJP government in the state was corrupt.
An inspection of Cafe CO2 Goa by a state government-appointed team revealed that the establishment, with a seating capacity of 250, did not possess a no-objection certificate (NOC) of the Fire and Emergency Services Department. The club, which sits atop Ozrant Cliff, also did not have structural stability, the team found.
The Fire and Emergency Services on Saturday also revoked the NOC issued to Diaz Pool Club and Bar at Anjuna as the fire extinguishers installed in the establishment were found to be inadequate, said divisional fire officer Shripad Gawas.
A notice was issued to Nitin Wadhwa, the partner of the club, he said in the order.
Campaigning at Chimbel village near Panaji in support of his party's Zilla Panchayat election candidate, Aam Aadmi Party leader Kejriwal said the nightclub fire at Arpora happened because of the "corruption of the Pramod Sawant-led state government."
"Why this fire incident happened? I read in the newspapers that the nightclub had no occupancy certificate, no building licence, no excise licence, no construction licence or trade licence. The entire club was illegal but still it was going on," he said.
"How could it go on? Couldn't Pramod Sawant or anyone else see it? I was told that hafta (bribe) was being paid," the former Delhi chief minister said.
A person can not work without bribing officials in the coastal state, Kejriwal said, alleging that officers, MLAs and even ministers are accepting bribes.
