Absence Of Witnesses Not Ground To Exonerate Accused In POCSO Case If Survivor's Testimony Reliable: Meghalaya High Court
1 year, 9 months ago

Absence Of Witnesses Not Ground To Exonerate Accused In POCSO Case If Survivor's Testimony Reliable: Meghalaya High Court

Live Law  

The Meghalaya High Court has recently ruled that the absence of witnesses in sexual assault cases under the Protection of Children from Sexual Offences Act cannot be used as a justification to exonerate the accused in such cases, if survivor's testimony is reliable. A Bench of Chief Justice Sanjib Banerjee and Justice W Diengdoh while dispelling the notion that uncorroborated allegations and complete denials by the accused in such cases should automatically discredit the survivor's account observed, “It is time to completely discredit a routine line of defence often taken by an accused facing a charge of rape or sexual assault. The High Court deemed the case to be straightforward and indisputable, given the survivor's clear and credible statement, supported by medical evidence, and the absence of any errors in the trial court's order and proceedings. Thus, when the survivor is a child of, say, up to 11-12 years of age, unless the court finds the child to be precocious enough to make out a story and consistently repeat the same, the fact that there may not have been any witness to the incident of sexual assault may not, by itself, let the accused off the hook."

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History of this topic

[POCSO Act] Lying Very Close To Minor Victim Amounts To 'Outraging Modesty' But Not 'Aggravated Sexual Assault' If No Overt Sexual Intent: Delhi HC
Top News
2 weeks, 6 days ago

[POCSO Act] Lying Very Close To Minor Victim Amounts To 'Outraging Modesty' But Not 'Aggravated Sexual Assault' If No Overt Sexual Intent: Delhi HC

Live Law  

The Delhi High Court has held that pressing lips of a minor victim and lying very close to her may amount to offence of outraging her modesty under Indian Penal Code but the same may not amount to offence of aggravated sexual assault under POCSO Act if overt sexual intent is absent. “The act of touching and pressing lips or …

Complaint By Men Against Women Not Gospel Truth: Kerala HC Grants Bail To Mother Accused Of Sexually Abusing Breast-Feeding Daughter
3 weeks, 1 day ago

Complaint By Men Against Women Not Gospel Truth: Kerala HC Grants Bail To Mother Accused Of Sexually Abusing Breast-Feeding Daughter

Live Law  

The Kerala High Court recently allowed the bail application of a woman who was accused by her husband of committing aggravated sexual assault on their one-and-half-year old daughter. “In the order dated 24.02.2025, in B.A No.2241 of 2025, this Court observed that, there cannot be any unilateral investigation based on the complaint of a lady, treating it as gospel truth. …

Often False POCSO Case Launched Against Spouse To Avoid Handing Over Minor Child's Custody: Kerala High Court
1 month, 2 weeks ago

Often False POCSO Case Launched Against Spouse To Avoid Handing Over Minor Child's Custody: Kerala High Court

Live Law  

Kerala High Court while quashing a POCSO case filed by the mother on behalf of her child against her divorced husband observed that there are instances where one spouse uses their minor child to file false POCSO case against the other, to win custody cases. “In cases when the husband and wife are in loggerheads and one among them sues …

Thane court acquits man in 2018 sexual assault case due to weak prosecution
1 month, 2 weeks ago

Thane court acquits man in 2018 sexual assault case due to weak prosecution

Hindustan Times  

A court in Maharashtra's Thane district has acquitted a man accused of sexually assaulting a 15-year-old boy in 2018, reprimanding the prosecution for a "half-hearted" investigation. A judge in Maharashtra's Thane district acquitted a man accused of sexually abusing a 15-year-old child in 2018, criticising the prosecution for conducting a "half-hearted" probe. The court of special judge P R Ashturkar, …

Parents of Walayar girls to be tried for committing heinous offences
1 month, 2 weeks ago

Parents of Walayar girls to be tried for committing heinous offences

The Hindu  

The parents of two minor girls who were found dead in Walayar will be prosecuted for all the offences alleged to have been committed by the prime accused, including aggravated form of rape, unnatural sex, sexual assault on a child and penetrative sex, besides other specific charges levelled against them. Other charges The other charges slapped against the parents include …

A Minor Rape Survivor In Our Country Would Rather Suffer Silently Than Falsely Implicate Someone: Allahabad High Court
1 month, 3 weeks ago

A Minor Rape Survivor In Our Country Would Rather Suffer Silently Than Falsely Implicate Someone: Allahabad High Court

Live Law  

Denying bail to a man accused of raping a minor girl, the Allahabad High Court has recently observed that in our country, a minor girl, who is a victim of sexual aggression, would rather suffer silently than implicate somebody falsely. A bench of Justice Sanjay Kumar Singh said that the Court must keep in mind while appreciating the evidence of …

Madras HC forms SIT to probe leak of minor survivor’s statement in sexual assault case
2 months ago

Madras HC forms SIT to probe leak of minor survivor’s statement in sexual assault case

Hindustan Times  

The Madras high court on Friday constituted a special investigation team in addition to a SIT that was already appointed by the Supreme Court in the case of a 10-year-old girl who was sexually assaulted in Chennai. The Madras high court on Friday constituted a special investigation team in addition to a SIT that was already appointed by the Supreme …

Child Sexual Abuse Cases Within Families Raise Serious Concerns
2 months ago

Child Sexual Abuse Cases Within Families Raise Serious Concerns

Deccan Chronicle  

Hyderabad: Child sexual abuse within families remains a serious concern despite stringent punishments under the Protection of Children from Sexual Offences Act. "Half of the Pocso cases involve family members, mainly fathers or uncles," additional public prosecutor Ram Reddy told Deccan Chronicle. Meanwhile, Dr. Manchala Hrishikesh Giri Prasad, associate professor, department of child psychiatry, Niloufer Hospital, while speaking about the …

Cases Involving Serious Allegations Of Sexual Assault Cannot Be Quashed Even At Victim's Instance: Kerala High Court
2 months, 1 week ago

Cases Involving Serious Allegations Of Sexual Assault Cannot Be Quashed Even At Victim's Instance: Kerala High Court

Live Law  

The Kerala High Court recently held that criminal proceedings in cases involving serious allegations of sexual assault cannot be quashed, even at the instance of a victim. If the prosecution evidence would show, prima facie, materials to hold that the offences are made out, quashment on the ground of settlement moved by the accused or the defacto complainant could not …

‘Physical relations’ cannot automatically mean sexual assault, rules Delhi High court
2 months, 3 weeks ago

‘Physical relations’ cannot automatically mean sexual assault, rules Delhi High court

Hindustan Times  

The Delhi high court has acquitted a man in a Protection of Children from Sexual Offences Act case, saying that the use of phrase ‘physical relations’ by the minor survivor cannot automatically mean sexual assault, PTI reported. The bench observed that it was unclear how the trial court concluded that there was any sexual assault when the minor survivor had …

Presumption Of Guilt U/S 29 Of POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction
2 months, 3 weeks ago

Presumption Of Guilt U/S 29 Of POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction

Live Law  

The Punjab & Haryana High Court has acquitted two men in a sexual assault case under the Protection of Children from Sexual Offences Act, observing that the presumption under Section 29 for abetting or attempting to commit certain offences under the Act cannot be drawn on account of lack of evidence.As per Section 29 of the POCSO Act, where a …

Presumption Of Guilt U/S Of 29 POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction
2 months, 3 weeks ago

Presumption Of Guilt U/S Of 29 POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction

Live Law  

The Punjab & Haryana High Court has acquitted two men in a sexual assault case under the Protection of Children from Sexual Offences Act, observing that the presumption under Section 29 for abetting or attempting to commit certain offences under the Act cannot be drawn on account of lack of evidence. As per Section 29 of the POCSO Act, where …

'Fictitious Evidence': Rajasthan Court Acquits Suspended Judicial Officer, His Clerks In Minor Boy Sexual Assault Case
3 months ago

'Fictitious Evidence': Rajasthan Court Acquits Suspended Judicial Officer, His Clerks In Minor Boy Sexual Assault Case

Live Law  

A special POCSO Court in Rajasthan's Bharatpur district last week acquitted suspended judicial officer Jitendra Singh Guliya and his two clerks in connection with a case lodged against them on the allegations of repeatedly sodomising, sexually assaulting a minor boy and also threatening his family members of implicating them in false cases. The Court also took into account the discrepancies …

Vandiperiyar Rape-Murder: Kerala High Court Asks Accused To Appear Before POCSO Court Upon State's Appeal Against Acquittal
3 months, 1 week ago

Vandiperiyar Rape-Murder: Kerala High Court Asks Accused To Appear Before POCSO Court Upon State's Appeal Against Acquittal

Live Law  

The Kerala High Court asked the sole accused, Arjun in the infamous Vandiperiyar rape and murder case to appear before the Special Court for the Trial of Offences Under the Protection of Children from Sexual Offences Act in Kattappana. Notably, he was acquitted by the POCSO court last year in the rape and murder of a 5 and a half …

[POCSO Act] Quashing Of Serious Offence To Efface Evidence Already Recorded Cannot Be Done Even At Instance Of Survivor: Kerala High Court
3 months, 1 week ago

[POCSO Act] Quashing Of Serious Offence To Efface Evidence Already Recorded Cannot Be Done Even At Instance Of Survivor: Kerala High Court

Live Law  

The Kerala High Court dismissed a petition filed by the victim of a POCSO offence to quash the proceedings saying that serious offences are involved and the trial had reached at the end stage. The Court noted that that the accused is alleged of committing serious offences like aggravated penetrative sexual assault against the minor. Justice A. Badharudeen observed that …

Ghatkopar resident sentenced to 20-yr jail for raping 8-yr-old
3 months, 2 weeks ago

Ghatkopar resident sentenced to 20-yr jail for raping 8-yr-old

Hindustan Times  

MUMBAI: A special POCSO court on Tuesday sentenced a 33-year-old Ghatkopar resident to 20 years of rigorous imprisonment for sexually assaulting an eight-year-old girl residing in his neighbourhood. The court observed that the prosecution was able to prove the accused had committed aggravated penetrative sexual assault on the child. Ghatkopar resident sentenced to 20-yr jail for raping 8-yr-old The girl …

POCSO Act | Absence Of Semen In Penetrative Sexual Assault Will Not Weaken Victim's Testimony: Punjab & Haryana High Court
3 months, 3 weeks ago

POCSO Act | Absence Of Semen In Penetrative Sexual Assault Will Not Weaken Victim's Testimony: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has said that in case of penetrative sexual assault under the Protection of Children from Sexual Offences Act, 2012, victim's testimony cannot be question merely on the ground that no semen is detected in the DNA report.Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "when in the event of any penetrative sexual …

Child's Testimony Can't Be Brushed Aside, Punjab & Haryana HC Upholds Teacher's Conviction For Sexually Assaulting Student In School
3 months, 3 weeks ago

Child's Testimony Can't Be Brushed Aside, Punjab & Haryana HC Upholds Teacher's Conviction For Sexually Assaulting Student In School

Live Law  

The Punjab and Haryana High Court has upheld the conviction of a school teacher for sexually assaulting a class 8th student under Protection of Children from Sexual Offences Act, 2012, while noting that the "occurrence took place in school premises. "Justice Amarjot Bhatti said, "as per facts of the case, it is fully covered under the provisions of Section 9 …

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
3 months, 3 weeks ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law  

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …

Karnataka HC To Consider Whether POCSO Act Is Gender Neutral Or Not, Stays Proceedings Against Woman Accused Of Sexually Assaulting Minor
4 months ago

Karnataka HC To Consider Whether POCSO Act Is Gender Neutral Or Not, Stays Proceedings Against Woman Accused Of Sexually Assaulting Minor

Live Law  

While staying further proceedings in a POCSO Act case registered against a 52-year-old woman on a complaint by the parents of a minor boy, the Karnataka High Court on Wednesday orally said that considering the case was against a woman it would have to lay down whether the law is gender neutral or not. Senior Advocate Hashmath Pasha appearing for …

20 Yrs Sentence U/S 4(2) POCSO Act Can't Be Imposed When Accused Was Booked Only U/S 4: Gauhati High Court
4 months ago

20 Yrs Sentence U/S 4(2) POCSO Act Can't Be Imposed When Accused Was Booked Only U/S 4: Gauhati High Court

Live Law  

The Gauhati High Court at Aizwal recently set aside the judgment and sentence order passed by a Trial Court under Section 4 of the POCSO Act, on the ground the charge was framed without specifying the charge to be under 4 or 4 of the POCSO Act and the Trial Court did not put any preliminary questions to the victim …

Court acquits man in POCSO case filed by girlfriend’s father
4 months ago

Court acquits man in POCSO case filed by girlfriend’s father

Hindustan Times  

MUMBAI: A special POCSO court in Dindoshi last month acquitted a 32-year-old man from Kurla, almost seven years after he was charged under the POCSO act, based on the complaint filed by the father of a girl, who had alleged that the man kidnapped his daughter and sexually harassed her. Court acquits man in POCSO case filed by girlfriend’s father …

Actress who accused Malayalam star Mukesh of rape withdraws complaint, says no 'support and protection from government'
Trending News
4 months ago

Actress who accused Malayalam star Mukesh of rape withdraws complaint, says no 'support and protection from government'

Hindustan Times  

A 51-year-old Malayalam actress who had levelled sexual abuse allegations against several male actors, including CPI MLA M Mukesh, on Friday said she was not keen on pursuing her complaints due to "lack of support and protection from the Kerala government". Malayalam actor and MLA, Mukesh, was accused of sexual abuse by a female actor The complainant also alleged "carelessness" …

Anna Nagar POCSO case | Supreme Court stays order for CBI probe into sexual assault of minor in Chennai
4 months, 2 weeks ago

Anna Nagar POCSO case | Supreme Court stays order for CBI probe into sexual assault of minor in Chennai

The Hindu  

The Supreme Court has stayed an order passed by the Madras High Court on October 1 transferring the investigation in a Protection of Children from Sexual Offences Act case from the Anna Nagar All Women Police Station in Chennai to the Central Bureau of Investigation. Passing interim orders on a criminal appeal preferred by the Greater Chennai City Police, the …

Adult Sexual Predators Ought Not To Be Afforded Leeway By Micro Analysis Of Child Victim's Testimony: Sikkim High Court
4 months, 2 weeks ago

Adult Sexual Predators Ought Not To Be Afforded Leeway By Micro Analysis Of Child Victim's Testimony: Sikkim High Court

Live Law  

The Sikkim High Court recently set aside the judgment of a Trial Court by which it acquitted a person charged with Sections 9 and 9 of POCSO Act and Section 354 of IPC on the ground that Trial Court was in error in acquitting the accused despite the unwavering evidence of the child victim on record and her evidence being …

Chandigarh: Madrasa teacher held for sexually assaulting minor boy
5 months, 3 weeks ago

Chandigarh: Madrasa teacher held for sexually assaulting minor boy

Hindustan Times  

A 24-year-old teacher at a madrasa in Manimajra was arrested on Friday for allegedly sexually assaulting a 13-year-old student. {{^userSubscribed}} {{/userSubscribed}} {{^userSubscribed}} {{/userSubscribed}} Police said during school hours, the teacher called the boy and asked him to massage his legs, following which, he touched him inappropriately. {{^usCountry}} {{/usCountry}} The accused has been charged under the Protection of Children from Sexual …

Arunachal rape-molestation case: Death sentence for prime accused, 20 years RI for two others
6 months ago

Arunachal rape-molestation case: Death sentence for prime accused, 20 years RI for two others

New Indian Express  

GUWAHATI: A special POCSO court at Yupia in Arunachal Pradesh awarded death sentence to the prime accused and 20 years of rigorous imprisonment to two others in a 2022 case of alleged rape and molestation of 21 minor students. ‘Shocked’ that a Special Court in Arunachal granted bail to the prime accused, the Gauhati High Court had in July last …

"Juveniles Treated Too Leniently In This Country, Legislature Has Still Not Learnt Any Lessons From Horrors Of Nirbhaya": MP High Court
6 months, 1 week ago

"Juveniles Treated Too Leniently In This Country, Legislature Has Still Not Learnt Any Lessons From Horrors Of Nirbhaya": MP High Court

Live Law  

While upholding the conviction of a juvenile for rape of a four-year-old girl, the Madhya Pradesh High Court lamented the "lenient" laws in the country so far as juvenile offenders are concerned. Justice Subodh Abhyankar sitting at Indore observed, “Court is once again at pains to observe that juveniles in this country are being treated rather too leniently, and that …

Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC
6 months, 2 weeks ago

Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC

Live Law  

The Jharkhand High Court has reiterated that sexual assaults, typically not occurring in public, do not necessitate corroboration in every instance. The court highlighted that unless a victim's testimony contains something significantly unusual, it should not be dismissed solely for lack of medical evidence. The division bench, led by Justices Ananda Sen and Gautam Kumar Choudhary, noted, “At the outset, …

POCSO Act | Child Victim Of Traumatic Sexual Assault Must Not Be Repeatedly Called To Testify In Court : Supreme Court
6 months, 3 weeks ago

POCSO Act | Child Victim Of Traumatic Sexual Assault Must Not Be Repeatedly Called To Testify In Court : Supreme Court

Live Law  

Recently, the Supreme Court dismissed the plea of an accused in a case under the Protection of Children from Sexual Offences Act of 2012 seeking recall of the victim under Section 311 of CrPC who was already cross-examined by the defence.The Court said that once the defence was granted ample opportunities to cross-examine the victim than the victim could not …

Badlapur sexual assault case: Maharashtra Bandh to FIR against school for not complying with POCSO Act
7 months ago

Badlapur sexual assault case: Maharashtra Bandh to FIR against school for not complying with POCSO Act

Live Mint  

Badlapur sexual assault case: An FIR against the school authorities, for not complying with the provisions of section 19 of the POCSO Act, in connection with the alleged sexual assault of two fourth-grade girls at a school in Badlapur, Maharashtra. The SIT in the case said, “FIR registered against the school authorities for not complying to the provisions of section …

[S.4 POCSO Act] Guilt Can Be Established Based On Victim's Uncorroborated Statement Provided It Is Cogent & Relevant: Gauhati HC
7 months, 1 week ago

[S.4 POCSO Act] Guilt Can Be Established Based On Victim's Uncorroborated Statement Provided It Is Cogent & Relevant: Gauhati HC

Live Law  

The Gauhati High Court recently upheld a conviction passed by the Trial Court under Section 4 of the POCSO Act, by observing that in case of a sexual offence, the finding of guilt can be recorded even on the basis of an uncorroborated statement of the victim provided the same is cogent and relevant. The single-judge bench of Justice Malasri …

[S. 33(2) POCSO Act] Mode Of Examination Through Intermediary Remains Unchanged Even If Victim Attains Majority During Trial: Kerala HC
7 months, 3 weeks ago

[S. 33(2) POCSO Act] Mode Of Examination Through Intermediary Remains Unchanged Even If Victim Attains Majority During Trial: Kerala HC

Live Law  

The Kerala High Court has held that the mode of examining a victim through the Special Court in a POCSO case as per Section 33 of the POCSO Act remains unchanged even if the victim attains the age of majority during the trial. Section 33 of the POCSO Act mandates that the Special Public Prosecutor or the defence counsel shall …

POCSO Act | No Presumption Of Guilt Against Accused If Prosecution Fails To Prove 'Foundation Facts' Beyond Reasonable Doubt: Patna High Court
8 months ago

POCSO Act | No Presumption Of Guilt Against Accused If Prosecution Fails To Prove 'Foundation Facts' Beyond Reasonable Doubt: Patna High Court

Live Law  

While deciding a POCSO case, the Patna High Court on Tuesday reiterated that the prosecution would not be absolved from proving the guilt of the accused beyond reasonable doubt despite the presumption of committing an offence operating against the accused under Section 29 of POCSO Act. The Court said that irrespective of the fact that there exists a presumption against …

POCSO Act | Showing Private Parts, Dirty Movies To A Child Is Prima Facie 'Sexual Harassment': Uttarakhand High Court
8 months, 1 week ago

POCSO Act | Showing Private Parts, Dirty Movies To A Child Is Prima Facie 'Sexual Harassment': Uttarakhand High Court

Live Law  

The Uttarakhand High Court has observed that the exhibition of private parts to a child, showing him dirty films, would prima facie amount to 'sexual harassment' of a child and make out an offence under Section 11 read with Section 12 of the POCSO Act. Against the backdrop of these observations, the Court said that the sexual intent of the …

Pocso case: Delhi court says punishment must correspond to offence
8 months, 1 week ago

Pocso case: Delhi court says punishment must correspond to offence

Hindustan Times  

The punishment awarded to a convict should be commensurate with the gravity of offence in order to serve as an effective deterrent to like-minded people, a Delhi court said while sentencing a man for raping a minor girl in 2019. Additional sessions judge Susheel Bala Dagar sentenced Ashraf Rain to life imprisonment under section 6 of the Prevention of Children …

Man acquitted of sexually assaulting 13-year-old girl
9 months, 1 week ago

Man acquitted of sexually assaulting 13-year-old girl

Hindustan Times  

MUMBAI: A special Protection of Children from Sexual Offences Act court on Thursday acquitted a 28-year-old booked for sexually assaulting a 13-year-old girl in 2018. HT Image Additional sessions judge Kalana Patil observed that the prosecution failed to prove the charges under Section 8 of the POCSO Act and section 354 of the Indian Penal Code against the man. As …

Meghalaya High Court Rejects Bail In POCSO Case Despite Trial Delay, Considering Seriousness Of Offence
9 months, 2 weeks ago

Meghalaya High Court Rejects Bail In POCSO Case Despite Trial Delay, Considering Seriousness Of Offence

Live Law  

The Meghalaya High Court has observed that even with a delay of one year in commencing trial under the Protection of Children from Sexual Offences Act, 2012, while deciding on bail, the gravity of the offence needs to be taken into consideration The accused/petitioner was arrested in relation to a POCSO case and a chargesheet was filed against him in …

[S. 33(5) POCSO Act] Child Witness Cannot Be Recalled To Fill Up Lacuna And Omission In Evidence Of Accused: Kerala High Court
10 months ago

[S. 33(5) POCSO Act] Child Witness Cannot Be Recalled To Fill Up Lacuna And Omission In Evidence Of Accused: Kerala High Court

Live Law  

The Kerala High Court held that a child witness cannot be recalled for cross-examination by the accused to fill the lacuna or omission in their case as per Section 33 of the Protection of Children from Sexual Offences Act, 2012. However, in such cases, it should be established that such recalling is absolutely necessary for the just decision of the …

POCSO Act | Charge Of Penetrative Sexual Assault Can Be Invoked In Case Of Non-Tear Of Hymen: Gauhati High Court
11 months, 1 week ago

POCSO Act | Charge Of Penetrative Sexual Assault Can Be Invoked In Case Of Non-Tear Of Hymen: Gauhati High Court

Live Law  

The Gauhati High Court has made it clear that the charge of penetrative sexual assault under the POCSO Act can be invoked even on slightest penetration and it is not necessary to show victim's hymen-tear in such cases. It thus set aside the judgement of a trial court by which it acquitted an accused in a criminal case registered under …

Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor
1 year ago

Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor

Live Law  

The Kerala High Court has held that any person regardless of gender and age can be an accused under the Protection of Children from Sexual Offences Act, 2012.It thus refused to quash the proceedings pending under the Act against a minor. The Kerala High Court has held that any person regardless of gender and age can be an accused under …

[POCSO Act] Kerala HC Upholds Conviction Of Father Accused Of Sexually Assaulting 9-Yr-Old Daughter, Says Life-Sentence Imposed By Trial Court Not Disproportionate
1 year ago

[POCSO Act] Kerala HC Upholds Conviction Of Father Accused Of Sexually Assaulting 9-Yr-Old Daughter, Says Life-Sentence Imposed By Trial Court Not Disproportionate

Live Law  

The Kerala High Court in a recent POCSO matter rejected the appeal of an accused who was convicted for committing aggravated penetrative sexual assault on his nine-year-old daughter. The Court also rejected the argument of the accused that the sentence imposed of 5 years under the POCSO Act, and 1 year under the IPC, was disproportionate to the gravity of …

S.19 POCSO Act Doesn't Obligate Doctor To "Investigate And Gather Knowledge" Of Sexual Assault To Report It To Police: Karnataka High Court
1 year ago

S.19 POCSO Act Doesn't Obligate Doctor To "Investigate And Gather Knowledge" Of Sexual Assault To Report It To Police: Karnataka High Court

Live Law  

The Karnataka High Court has held that Sections 19 and 21 of the Protection of Children from Sexual Offences Act puts an obligation on a doctor to inform the relevant authorities when she/he has knowledge of an offence under the Act. The prosecution opposed the plea saying as the material placed on record by the prosecution do establish the knowledge …

Odisha: Watertight probe ended in conviction, says court
1 year, 1 month ago

Odisha: Watertight probe ended in conviction, says court

New Indian Express  

BHUBANESWAR: The Nayagarh additional district and sessions judge-cum-children’s court which handed 20 years rigourous imprisonment to the sole accused in the sensational minor girl rape and murder case has observed that the special investigation team’s watertight investigation ended in conviction of the child in conflict with law. The teen accused was tried as an adult and sentenced to 20 years …

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry
1 year, 2 months ago

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry

Live Law  

The Madras High Court recently set aside the conviction and sentence imposed on a man accused of allegedly committing sexual assault on his neighbour on the false promise to marry. Justice KK Ramakrishnan observed that the prosecution had failed to prove the age of the victim girl to constitute an offence under the Prevention of Children From Sexual Offences Act. …

Medical Report Doesn't Indicate Rape, Evidence Of Minor Victim & Sister Unsubstantiated, Contradictory: Gauhati High Court Sets Aside Conviction
1 year, 2 months ago

Medical Report Doesn't Indicate Rape, Evidence Of Minor Victim & Sister Unsubstantiated, Contradictory: Gauhati High Court Sets Aside Conviction

Live Law  

The Gauhati High Court has set aside the conviction and sentence imposed on a man, for committing the alleged offence of rape against a minor under Section 376 of IPC, by the Trial Court on the ground that the evidence of the victim is not similar to the deposition of her younger sister before the court and the evidence of …

S. 22 POCSO Act| Child Can't Be Prosecuted For Perjury For False Allegations Of Rape: J&K High Court
1 year, 2 months ago

S. 22 POCSO Act| Child Can't Be Prosecuted For Perjury For False Allegations Of Rape: J&K High Court

Live Law  

Emphasising the protection of minors in cases involving false allegations of rape the Jammu and Kashmir and Ladakh High Court has held that a minor cannot be prosecuted for perjury for making false allegations of rape. Citing Section 22 of the Protection of Children from Sexual Offences Act Act, protecting children from punishment for false information Justice Rajesh Oswal observed, …

'Testimony Of Victim Does Not Inspire Confidence & Remains Uncorroborated': Gauhati High Court Sets Aside POCSO Conviction
1 year, 3 months ago

'Testimony Of Victim Does Not Inspire Confidence & Remains Uncorroborated': Gauhati High Court Sets Aside POCSO Conviction

Live Law  

The Gauhati High Court recently set aside the conviction of a man under Section 4 of the POCSO Act passed by the Trial Court, by giving him the benefit of the doubt on the ground that the testimony of the victim girl remained uncorroborated. The single-judge bench of Justice Mridul Kumar Kalita observed: “……considering the fact that the testimony of …

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim
1 year, 3 months ago

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim

Live Law  

Basing the proof of charge on solitary, unblemished testimony of the victim, the Punjab & Haryana High Court upheld conviction and life imprisonment of a man for committing rape upon a 13-year old girl in Haryana. The Division Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari rejected the contention that testimony of the victim lost credibility because her mother …

Pocso court disposes of 20 cases in 2 months, convicts 8 accused
1 year, 4 months ago

Pocso court disposes of 20 cases in 2 months, convicts 8 accused

Deccan Chronicle  

Visakhapatnam: In a remarkable display of efficiency and commitment to justice, the special court for Pocso cases in Vizianagaram district has disposed of 20 cases in a span of just two months. The court has also convicted eight accused persons, sending a strong message to those who perpetrate crimes against minor girls. The court's swift action has been lauded by …

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