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Supreme Court Refuses to Quash FIR Against Former Judge Accused of Incest

The ruling enables a special POCSO court to proceed to trial on allegations first reported in 2019.

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Overview

  • A bench of Justices Prashant Kumar Mishra and Manmohan characterised the incest allegations as shocking and upheld the framing of charges by the Bombay High Court
  • The former judicial officer is charged under Sections 7, 8, 9(l), 9(n), and 10 of the POCSO Act alongside Section 354 of the IPC for aggravated and incestuous sexual abuse
  • Prosecutors allege the abuse occurred between May 2014 and 2018 and led to an FIR filed on January 21, 2019, in Bhandara, Maharashtra
  • Defense counsel argued the complaint was driven by ongoing matrimonial litigation and noted the judge’s father’s subsequent suicide, but the court rejected these assertions
  • With the FIR intact, the case will now move forward to trial in a specially designated POCSO court