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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Delhi Polls: BJP faces protest, placates MLA amid resentment over ticket distribution
New Delhi, Jan 12: Resentment surfaced in the BJP on Sunday over ticket distribution for Delhi Assembly polls, with a protest held outside its Delhi unit office and an angry outburst by the outgoing MLA from Karawal Nagar who was not included in the candidate list released a day earlier.
As MLA Mohan Singh Bisht threatened to revolt after being denied a ticket from Karawal Nagar, the party rushed to control the damage and announced his candidature from the Mustafabad seat this evening.
A group of protesters from Tughlakabad in South Delhi held a dharna at the gate of the Delhi BJP office, demanding a change in the candidate from the constituency.
"Vikram Bidhuri Tum Sangharsh Karo; Modi Se Bair Nahi, Rohtas Teri Khair Nahi," the protesters, including mostly youngsters, chanted as the party leaders tried to pacify them.
In the second list of BJP candidates for the polls declared on Saturday, Rohtas Bidhuri was fielded from the Tughlakabad seat. In 2020 Assembly polls, Vikram Bidhuri who is a relative of senior party leader Ramesh Bidhuri, lost to AAP's Sahiram by over 13,000 votes.
A similar protest was also held by some party workers outside the Delhi BJP office against Mehrauli candidate Gajainder Yadav after the announcement of the first list of candidates earlier this month.
Bisht, the senior-most BJP MLA in the outgoing Assembly elected five times from Karawal Nagar, openly expressed unhappiness over being denied the ticket to contest from his stronghold.
A senior party leader said he was pacified after a meeting with BJP chief JP Nadda.
Bisht, after getting the ticket from Mustafabad, expressed confidence that he would win the seat for the BJP.
"I met the national president and things were ironed out. I have assured that I will contest from Mustafabad and win the seat for the party," Bisht told PTI.
The MLA said he and the BJP had considerable support in Mustafabad and he has already attended two public meetings there.
The BJP won the Mustafabad seat, having a significant minority community presence, in the 2015 Assembly polls but lost it to Aam Aadmi Party (AAP) in 2020.
Earlier in the day, Bisht told PTI that the party's decision to replace him with Kapil Mishra was "wrong" and its consequences will be visible after voting on February 5.
"You have challenged the 'samaj' (his Uttarakhandi community), not Mohan Singh Bisht. The BJP will lose at least 8-10 seats because of this decision, including Karawal Nagar, Burari, Mustafabad and Gokalpuri," Bisht warned.
The BJP fielded Kapil Mishra, a Hindutva hardliner, from Karwal Nagar in North East Delhi, which was rocked by massive communal violence just after the 2020 Assembly polls.
Sources in the party claimed that there was also "deep resentment" among the Delhi BJP's Scheduled Castes Morcha leaders over being denied tickets from different constituencies including Madipur and Kondli.
A top Delhi BJP functionary stressed that there are many ticket aspirants, so it is natural for those who did not get selected to feel disappointed.
"The BJP is a disciplined party and its leaders understand this. Sooner or later, everyone will realise this and work for the victory of the party giving up their resentment," he said.
The elections to 70 Assembly seats in Delhi are scheduled on February 5. Results will be out after the counting of votes on February 8.
The BJP, out of power in Delhi since 1998, is making all-out efforts to return to power. In the 2015 and 2020 Assembly polls, the party was completely routed by the AAP, scraping through with just three and eight seats, respectively.
