Not Justified To Summon Additional Accused For Offence Not Related To Trial: Punjab & Haryana HC Sets Aside Summons In POCSO Case

The Punjab & Haryana High Court quashed the summoning order against a wrestling coach in a POCSO case, observing that the allegations levelled against him were not related to the trial in which he was summoned.Justice Amarjot Bhatti said, "For summoning of additional accused under Section 319 Cr.P.C., the Court is required to look into the form of evidence which appears against such person who committed any offence and secondly, the Court is to look into whether said additional accused could be tried with accused already facing trial."These observations were made while hearing a revision plea against the impugned order by the Additional Sessions Judge, Jhajjar by which the petitioner was summoned to face trial as an accused in FIR an FIR under Section 363, 366-A and 376 of IPC and Section 4 of POCSO ActIt was alleged that the victim aged about 16 years went missing on the night of September 29, 2021. Later the alleged victim was recovered. During the investigation, Section 164 Cr.P.C. was recorded and after completion of the investigation, a challan was presented against another accused. On recording the statement of the victim as prosecution witness, the prosecution filed an application for summoning of the petitioner which was allowed by passing the impugned order dated 24.09.2024.Counsel for the petitioner argued that initially when FIR was registered no role was attributed to the petitioner. Thereafter, during the investigation when the victim was produced before the Child Welfare Committee, Jhajjar, the Counselor submitted a report where again there were no allegations against the present petitioner.The victim levelled allegations against the petitioner while giving a statement to the magistrate for the first time and gave an improved version. The matter was investigated and the present petitioner was found to be innocent. In fact, there was another FIR under Section 376, 452, 506, 511, 354-A, 323, 147, 149 of IPC and Section 6, 18 of POCSO Act registered at Police Station Beri, Jhajjar which was compromised and a cancellation report was filed, he added.After examining the submissions, the Court noted that the alleged victim in her examination-in-chief stated that during the winter of 2018, while she was practising wrestling in akhada of the petitioner, she was taken to an isolated place in the fields and raped.Justice Bhatti highlighted that even if said allegations against the Coach- present petitioner is concerned, that has nothing to do with the occurrence which took place as per the present FIR.Therefore, an occurrence which took place on 29.09.2021 or an occurrence which is alleged qua the petitioner, cannot be connected with each other, added the Court.Therefore, considering the sequence of events, the court said that the present petitioner could not be tried along with the main accused regarding the alleged occurrence which took place on 29.09.2021. Therefore, the summoning of the present petitioner as an additional accused in the FIR was set aside.Consequently, the Court quashed the summoning order.Mr. Samay Sandhawalia, Advocate for the petitioner.Mr. Kewal Singh, Addl. A.G. Punjab.Mr. Anshumaan Dalal, Advocate for the complainant.Title: XXXX v. State of Haryana

Not Justified To Summon Additional Accused For Offence Not Related To Trial: Punjab & Haryana HC Sets Aside Summons In POCSO Case

Aiman J. Chishti

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