Crl.Ref. 1/2015. Gauhati High Court
| Case Number | Crl.Ref. 1/2015 |
| Judgement Date | January 25, 2021 |
| Court | Gauhati High Court |
THE GAUHATI HI GH COURT
(THE HI GH COURT OF ASSAM, NAGALAND, ARUNACHAL PRADESH AND MI ZORAM)
Criminal Reference ( Taken Up) No.1 of 2015
I n Re:-
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Secretary to the Government of I ndia, Ministry of Law and Justice (Legislative Department) 4th Floor, ‘A’ Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi-110 001.
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Secretary to the Government of I ndia, Ministry of Women and Child Development, ‘A’ Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi-110 001
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Secretary to the Government of Assam, Home and Political Department, Dispur, Assam.
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The Chairperson, Assam State Commission for Protection of Child Rights, Jayanagar, Six Mile, Guwahati-22, Assam
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The Commissioner and Secretary to the Government of Assam, Social Welfare Department, Dispur, Assam
BEFORE
HON’BLE THE CHI EF JUSTI CE MR. AJI T SI NGH HON’BLE MR. JUSTI CE SUMAN SHYAM
For the petitioners … Mr. TJ Mahanta,
Learned Standing Counsel,
Gauhati High Court
For the Respondents … Mr. SC Keyal,
learned Assistant Solicitor General of I ndia
Mr PP Baruah, learned Public Prosecutor, Assam
Date of hearing & Judgment … 25.01.2017
JUDGMENT AND ORDER
( Aj it Sin gh , C.J.)
This Reference under Section 395 of the Code of Criminal Procedure has been made by the Special Judge, Cachar, for declaring Section 29 of the Protection of Children from Sexual Offences Act, 2012 ( in short “Act of 2012”) as unconstitutional.
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I t is however to be noted that the constitutional validity of Section 29 of the Act of 2012 has not been challenged by the accused before this High Court.
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According to the prosecution case, on 23.5.2013, the accused committed penetrative sexual assault on a minor girl. The sexual assault on the victim fell within the meaning of Section 3 of the Act of 2012. The accused was, therefore, charged for an offence under Section 4 of the Act of 2012, to which, he pleaded not guilty.
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During the trial, the prosecution has examined six witnesses whereas the court, in its wisdom, has also examined two witnesses. After the arguments were heard and the trial was closed for pronouncement of judgment, the Special Judge formed an opinion that Section 29 of the Act of 2012 was unconstitutional. He has, thus, referred the case for decision to this Court.
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The Act has been enacted to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected...
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