Hari Dev Acharya v. State (Delhi)
Delhi High Court2021:DHC:3576; MANU/DE/3029/2021Bench: J. Suresh Kumar Kait, J. Siddharth Mridul
The Delhi High Court held that a joint FIR covering POCSO and IPC offences arising from the same transaction is permissible. The FIRs did not constitute double jeopardy because: (1) POCSO creates distinct offences separate from and in addition to IPC offences, (2) a single transaction can give rise to multiple offences under different statutes, and (3) Section 42 POCSO itself contemplates that POCSO offences and IPC offences may co-exist. The accused cannot claim harassment on account of two FIRs where the offences are distinct. The petition to quash was dismissed.