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43. The second Complaint was made by the Complainant/paternal aunt (bua) on 30.05.2017 reiterating all her allegations which resulted in registration of present FIR No.654/2017 dated 30.05.2017.

44. Charges were framed against the Petitioner under Section 509 IPC (Word, gesture or act intended to insult the modesty of a woman) and subsequently Section 12 POCSO Act, was added.

51. It is significant to note that there was no grievance of the Petitioner against the first Order on Charge dated 17.04.2018 whereby he was charged with the offence under Section 509 IPC. On the subsequent addition of Section 12 read with Section 11 POCSO Act vide Order dated 20.07.2019, the Petitioner has raised the grievance by way of the present Petition. It reflects that the Petitioner had not challenged to the framing of Charge under Section 509 IPC.

52. Herein, it is pertinent to note that the ingredients of Section 509 and Section 12 POCSO Act are pari materia with Section 509 IPC except that the offence under Section 12 of POCSO Act, gets invoked when the victim is a child.

53. It is also pertinent to refer to Section 42 of POCSO Act provides that where an "act or omission" constitutes an offence detailed therein, as well as Section 509 IPC, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such an offence, shall be liable to punishment under this Act or under the Indian Penal Code as provides for punishment, which is greater in degree.

55. What has thus, become evident from the record is that on the same allegations while Charge under Section 509 IPC was framed against the Petitioner, subsequently, on the same allegation, the Charge of Section 12 read with Section 11 POCSO Act, has also been directed to be framed, which is in accordance with the provisions of POCSO Act. It is not as if there were new allegations on which Section 12 has been added but it is on the same allegations, Section 12 has made added to the Charge. It is not a case where new charge on new allegations has been framed against the Petitioner.