charge arguments Manjit

In the Court of Hon’ble Session Judge at Hisar
In the matter of :-
Manjit alias Montu age-24 son of Ramkumar resident VPO Jamawadi Hansi Hisar
Haryana Mb .9812709410 ....Applicant
Vs. State of Haryana ….Respondent
FIR NO- 446 Dated-17-11-2023 P.S. Sadar Hansi

U/S- 120-B,346,363,366-A,354 A(1)(1), 379-A, IPC and 08,18 of
POCSO ACT
WRITTEN ARGUMENTS ON CHARGE ON BEHALF OF THE ACCUSED APPLICANT

MANJEET MONTU
MOST RESPECTFULLY SHOWETH:
1. That FIR No- 464 under section 363,366-A,354(1)(1) and 120-B of IPC and
section 8 and 18 of POSCO act was registered against Kuldeep and Manjit.
2. That, the accusation/offences against the accused are under Sections- U/S- 120-
B,346,363, 366-A, 354 A(1)(1),379-A, IPC and 08,18 of POCSO ACT which are
not maintainable because the basic ingredients of offences are missed out
hence not made out in present FIR.
3. The POCSO Act was enacted with the ultimate objective of prohibiting non-
consensual and forced sexual relationships with children, including child sexual
abuse and sexual harassment. However, it was never the legislature's
intention to prosecute romantic relationships between young adults.
That 25% of POCSO cases are romantic relations’: Study
Chief Justice of India D Y Chandrachud’s call to lawmakers to address the
“growing concern” on the criminalization of adolescents, who engage in
consensual sexual activity. Supreme Court of India New Delhi- The Supreme
Court has said providing a support person to a victim of crime under the
Protection of Children from Sexual Offences Act cannot be made optional or left
to the discretion of parents.
GROUNDS
Section -363 and Section- 366

Courts Should Not Sentence Kidnapping Convict Both U/S 363 & 366 In View
Of Mandate U/S 71 IPC: Orissa High Court- Minor girl who eloped
voluntarily is not termed ‘kidnapping’ under Section 363 IPC: High
Court of Calcutta.II) If a minor girl has voluntarily gone with another
person and was not induced but was engaged in a romantic relationship
with him, it will not fall under section 363 IPC for offence of kidnapping. This
was decided in the case of Sk.Sajid @ Sk.Sagir @ Pancha Vs. State of
West Bengal [C.R.A./718/2014] by Hon’ble Judge Bibek Chaudhuri in the
High Court of Calcutta
SECTION 379-A
The main ingredients of Section 379 A of the Indian Penal Code (IPC) are:
1 Intention to commit theft
2 Sudden, quick, or forceful seizure of movable property
3 Attempt to escape with the property.
As per challan and police reply charges of snatching Rs. 5000/- from prosecutrics
were found false. So 379-A ingredients are missing hence applicant must not
charge under section 379-A. of IPC.
SECTION 354-A(1)(1)
A man committing any of the following acts—
1.physical contact and advances involving unwelcome and explicit sexual overtures; or
The essential ingredients of the offence under Section 354 IPC are as under: (i) that
the person assaulted must be a woman; (ii) that the accused must have used criminal
force on her; and (iii) that the criminal force must have been used on the woman
intending thereby to outrage her modesty.
Applicant accused is not having any allegation under Section-354 neither in

alleged complaint nor in FIR and allegations are missing from final challan also
hence key ingredients are missing so offence under section 354-A(1)(1) is not
meet out against applicant.
That the applicant was not present at the time of incidence only his motor cycle
was allegedly used by his friend (allegedly main accused in present case)
moreover accused applicant is student and no other F.I.R. lodged/ case pending
against him. That necessary ingredients of offence leveled against the applicant
are also made out so humble prayer that applicant may kindly not to be charged
in FIR NO- 446 , Dated-17-11-2023 at P.S. Sadar Hansi U/S-120-B,346,363,366-
A,354 A(1)(1), 379-A,IPC and 08,18 of POCSO ACT in the interest of substantial
and complete justice.
APPLICANT
Place:- Hisar
Date :-22-11-2024
Through:-
Anil Kumar Kakoria,
Advocate

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In the Court of Hon’ble Session Judge at Hisar

FIR NO- 446 Dated-17-11-2023 P.S. Sadar Hansi

WRITTEN ARGUMENTS ON CHARGE ON BEHALF OF THE ACCUSED APPLICANT

Section -363 and Section- 366

A man committing any of the following acts—

Applicant accused is not having any allegation under Section-354 neither in

Anil Kumar Kakoria,

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