Protection of children from s*xual offences act.
A charge against a teacher u/s 7 punishable u/s 8. (Sexual assault). The complainant is grandpa of alleged victim. Complaint made on 05-11-2013. Occurance said to have been taken place on 04-10-2-12013 in the FIR. Subsequently complainant reversed the statement and said occurance happened on 04-11-2013 a day before the complaint. FIR corrected accordingly.
In fact if original version, say 04-10-2013 is taken into consideration school wass holiday that day. If 04-11-2013 is taken (subsequent version) child was absent that day.
Trial is about to begin. Quash proceedings initiated. Complainant and alleged victim agrees and filed an affidavit before the HC saying that the complaint was an outcome of a heated mind. They consent that the proceedings may be quashed.
Whether an offence under the above act can be quashed at this stage? If trial starts, the complainant and the alleged victim shall turn hostile. Onsidering the judgement of Sikri J in
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.686/2014
(arising out of S.L.P.(Criminal) No.9547 of 2013)
Narinder Singh & Ors. ……Appellants
Vs.
State of Punjab & Anr. …Respondents
What is your view and considered opinion as to wehether the HCcan quash the proceedings?
Is there any other later judgement that surpasses the above case?
