Proceedings stayed since act was committed before it became punishable under POCSO

Masood Ahmed Vs State of J&K and others

Jammu & Kashmir HC, Jammu Bench

31/12/2018

OWP No. 2706/2018, IA No. 1/2018

About/from the judgment:

The High Court allowed a petition filed to stay proceedings initiated against the petitioner under Section 7 and 8 of the Jammu & Kashmir Protection of Children from Sexual Violence Act, 2012 on the ground that when the offence was alleged to have been committed by the petitioner, the Act had not come into force and even the ordinance, which had been issued on 16-05-2018 had lived its life.

 

The facts of the case are that the petitioner was booked under Section 7 and 8 of the Jammu & Kashmir Protection of Children from Sexual Violence Act, 2012 read with Section 452, 354, 323 & 506 of RPC. The contention of the petitioner was that the ordinance in question was not placed before either House of the Legislature, which was not convened in terms of Section 53 of the State Constitution and, therefore, had lived its life. The offence would be an offence only after the date of enactment.

 

The Court stayed the proceedings.

Read the Judgment

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