Slight Penetration Without Any Visible Injury Enough To Constitute Rape & Aggravated Penetrative Sexual Assault Under IPC & POCSO Act: Sikkim HC
2 years, 6 months ago

Slight Penetration Without Any Visible Injury Enough To Constitute Rape & Aggravated Penetrative Sexual Assault Under IPC & POCSO Act: Sikkim HC

Live Law  

The Sikkim High Court recently held that a slight penetration without any visible injury is enough to constitute offence of rape and aggravated penetrative sexual assault under Sections 376 AB of the IPC as well as Section 5 of the POCSO Act. A Division Bench of Justices Bhaskar Raj Pradhan and Meenakshi Madan Rai noted, "Penetration to any extent is sufficient to constitute rape under IPC. A Division Bench of Justices Bhaskar Raj Pradhan and Meenakshi Madan Rai noted, "Penetration to any extent is sufficient to constitute rape under IPC and penetrative sexual assault under the POCSO Act. The present appeal was filed against the judgement of the Special Judge under the POCSO Act, who convicted the appellants under Section 376AB of the Indian Penal Code, 1860, and 5 of the POCSO Act.

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History of this topic

Grabbing minor's breasts, breaking pyjama's string not attempt to rape: Allahabad High Court
1 day ago

Grabbing minor's breasts, breaking pyjama's string not attempt to rape: Allahabad High Court

India TV News  

Grabbing minor's breasts, breaking pyjama's string not attempt to rape: Allahabad High Court The Allahabad High Court was hearing a case of an 11-year-old girl who was sexually assaulted by two men in Uttar Pradesh in 2021. Grabbing a minor girl's breasts, breaking her pyjama strings and trying to drag her beneath the culvert does not constitute rape or an …

Pressing minor’s lips not always Pocso offence: Delhi HC
1 week, 6 days ago

Pressing minor’s lips not always Pocso offence: Delhi HC

New Indian Express  

NEW DELHI: The Delhi High Court has held that pressing the lips of a minor or lying close to her may constitute an offence of outraging modesty under the Indian Penal Code, but does not necessarily amount to aggravated sexual assault under the Protection of Children from Sexual Offences Act unless accompanied by overt sexual intent. Justice Swarana Kanta Sharma, …

Pressing, touching minor’s lips without sexual advances not ‘aggravated sexual assault’: Delhi High Court
Trending News
1 week, 6 days ago

Pressing, touching minor’s lips without sexual advances not ‘aggravated sexual assault’: Delhi High Court

The Hindu  

The Delhi High Court has said in the absence of sexually motivated advances, touching and pressing the minor girl’s lips and sleeping next to her cannot attract prosecution for “aggravated sexual assault” under the Protection of Children from Sexual Offences Act. Justice Swarana Kanta Sharma observed the acts might violate her dignity and outrage her modesty but without “overt or …

[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
1 week, 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 …

Vaginal entry of penis not needed for rape under Pocso: Kerala High Court
3 weeks, 3 days ago

Vaginal entry of penis not needed for rape under Pocso: Kerala High Court

India Today  

The Kerala High Court recently ruled that the entry of a penis into the vagina is not essential to constitute penetrative sexual assault under the Protection of Children from Sexual Offences Act. "In other words, penetration of the male genital organ within the labia majora or the vulva, with or without any emission of semen or even an attempt at …

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

POCSO Act | Absence Of Semen In Penetrative Sexual Assault Will Not Weaken Victim's Testimony: Punjab & Haryana High Court
3 months, 2 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, 2 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 …

Physical Contact With Sexual Intent Without Penetration Is Sexual Assault U/S 7 POCSO Act: Kerala High Court
3 months, 3 weeks ago

Physical Contact With Sexual Intent Without Penetration Is Sexual Assault U/S 7 POCSO Act: Kerala High Court

Live Law  

The Kerala High Court has held that any overt act which involves a physical contact with sexual intent constitutes 'sexual assault', even if there is no penetration. Justice A. Badharudeen noted that under Section 7 of POCSO Act, which defines 'sexual assault', includes within its ambit any other act which involves physical contact with sexual intent. The High Court confirmed …

Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation
4 months ago

Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation

Live Law  

The Patna High Court has ordered the release of a man in his sixties, previously convicted by a Sessions Court for the rape of his 12-year-old niece, citing the application of a wrong provision of the Protection of Children from Sexual Offences Act, 2012. Learned Trial Court has not noticed the facts that the alleged offence has been committed in …

Adult Sexual Predators Ought Not To Be Afforded Leeway By Micro Analysis Of Child Victim's Testimony: Sikkim High Court
4 months, 1 week 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 …

Woman can also commit penetrative sexual assault in Pocso cases: Delhi HC
7 months, 1 week ago

Woman can also commit penetrative sexual assault in Pocso cases: Delhi HC

Hindustan Times  

The Delhi high court on Friday held that the offence of penetrative sexual assault under the Protection of Children from Sexual Offences Act can also be invoked against a woman. The court expanded the ambit of the provision while dealing with a plea filed by a woman challenging a city court’s March 2024 order of framing charges of penetrative sexual …

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 …

Simple Touch Not ‘Manipulation’ For Penetrative Sexual Assault Under POCSO Act: Delhi High Court
1 year, 4 months ago

Simple Touch Not ‘Manipulation’ For Penetrative Sexual Assault Under POCSO Act: Delhi High Court

Live Law  

The Delhi High Court on Monday ruled that a simple act of touch cannot be considered as manipulation for the offence of penetrative sexual assault under Section 3 of the POCSO Act.Section 3 of the POCSO Act states that a person is said to commit "penetrative sexual assault" if he manipulates any part of the child’s body so as to …

Don’t reduce age of consent in Pocso to 16, Law Commission tells govt
1 year, 5 months ago

Don’t reduce age of consent in Pocso to 16, Law Commission tells govt

Hindustan Times  

NEW DELHI: The Law Commission of India has recommended against reducing the age of consent under the child sex abuse law to 16 years but proposed an amendment that would let courts impose a lesser sentence in cases where adolescents engage in consensual sexual relations with a female. The Law Commission has recommended guided judicial discretion in sentencing in cases …

Undressing & Sleeping Over Minor Victim, Asking To Penetrate Her Private Part Amounts To ‘Sexual Assault’, Not Rape: Orissa High Court
1 year, 8 months ago

Undressing & Sleeping Over Minor Victim, Asking To Penetrate Her Private Part Amounts To ‘Sexual Assault’, Not Rape: Orissa High Court

Live Law  

The Orissa High Court has recently held that undressing a girl under the age of 12 years, sleeping over her and merely asking her to penetrate her private part with male organ of the accused does not amount to rape. or ‘penetrative sexual assault’ as defined in section 3 of the POCSO Act.” The Prosecution Case The victim was five …

POCSO Act | Courts Cannot Impose Less Than Minimum Sentence Prescribed : Supreme Court
1 year, 8 months ago

POCSO Act | Courts Cannot Impose Less Than Minimum Sentence Prescribed : Supreme Court

Live Law  

The Supreme Court observed that the Courts cannot impose sentence lesser than the minimum punishments prescribed in POCSO Act.The POCSO Act was enacted to provide more stringent punishments for the offences of child abuse of various kinds, the bench of Justices Abhay S. Oka and Rajesh Bindal observed.In this case, the Trial Court sentenced the accused to rigorous imprisonment for …

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence
1 year, 11 months ago

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence

Live Law  

While upholding the conviction of a man for sexually assaulting a minor child, the Madras High Court said that a child who is a victim of sexual assault, cannot be tutored to give evidence since it is incomprehensible for a child to understand a sexual act. Justice Anand Venkatesh noted that a child witness would broadly fall under two categories- …

Ejaculation Not Necessary Pre-Requisite For Purpose Of Proving 'Penetrative Sexual Assault' Under POCSO Act: Andhra Pradesh High Court
1 year, 11 months ago

Ejaculation Not Necessary Pre-Requisite For Purpose Of Proving 'Penetrative Sexual Assault' Under POCSO Act: Andhra Pradesh High Court

Live Law  

Upholding the conviction of an accused in a case of rape, the Andhra Pradesh High Court said all that is required to prove the offence of ‘penetrative sexual assault’, defined under Section 3 of the POCSO Act is, mere penetration. The counsel for the accused contended that the trial court did not properly appreciate the medical evidence on record and …

[Section 377 IPC] Incomplete Anal Intercourse Prima Facie Proves Penetration, Sufficient To Proceed With Prosecution: Calcutta High Court
2 years ago

[Section 377 IPC] Incomplete Anal Intercourse Prima Facie Proves Penetration, Sufficient To Proceed With Prosecution: Calcutta High Court

Live Law  

The Calcutta High Court has refused to quash the criminal proceedings initiated against a medical professional ) under Section 377 of IPC for allegedly forcing anal intercourse on a 1st year medical student at the hospital of his residency.While the medical examination of the complainant-victim did not evidence complete anal intercourse, the single judge bench. The Calcutta High Court has …

Can't Presume Class XII Student Is Minor, Highly Preposterous: Delhi High Court Questions Police Over Addition Of POCSO Charge In Rape Case
2 years ago

Can't Presume Class XII Student Is Minor, Highly Preposterous: Delhi High Court Questions Police Over Addition Of POCSO Charge In Rape Case

Live Law  

The Delhi High Court has slammed the police for invoking Section 6 of POCSO Act against an accused in a case of alleged rape, purportedly on the basis of an assumption that since the victim was a class XII student, she must be a minor.During the hearing of a petition seeking quashing of the rape case on the basis of …

Mumbai Court Convicts Man Under POCSO Act For Rubbing 100 Rupees Note On Minor's Lips, Making Derogatory Comment; Awards One Year Rigorous Imprisonment
2 years, 1 month ago

Mumbai Court Convicts Man Under POCSO Act For Rubbing 100 Rupees Note On Minor's Lips, Making Derogatory Comment; Awards One Year Rigorous Imprisonment

Live Law  

A Mumbai Court recently convicted a man for sexual harassment and outraging the modesty of a child after he cat called and rubbed a 100 rupee note on a 16-year-old girl’s lips. Special Judge under Protection of Children From Sexual Offences Act, 2012, SC Jadhav held, “Moving a note of Rs.100/­ on the lips of the victim and then uttering …

POCSO Act - Non-Reporting Of Sexual Assault Despite Knowledge Is A Serious Crime : Supreme Court
2 years, 4 months ago

POCSO Act - Non-Reporting Of Sexual Assault Despite Knowledge Is A Serious Crime : Supreme Court

Live Law  

The Supreme Court observed that non-reporting of sexual assault against a minor child despite knowledge is a serious crime.More often than not, it is an attempt to shield the offenders of the crime of sexual assault, the bench of Justices Ajay Rastogi and CT Ravikumar said while setting aside the Bombay High Court order that quashed criminal proceedings against a …

Can't Equate Act Of Mutual Love Between Young Boyfriend-Girlfriend To 'Sexual Assault' Under POCSO Act: Meghalaya HC
2 years, 4 months ago

Can't Equate Act Of Mutual Love Between Young Boyfriend-Girlfriend To 'Sexual Assault' Under POCSO Act: Meghalaya HC

Live Law  

While quashing POCSO charges against a minor's partner, the Meghalaya High Court has observed that the term 'sexual assault' as per the POCSO Act cannot be attributed to an act where there is mutual love and affection between a young couple.The observation came from the bench of Justice W. Diengdoh while disposing of the plea preferred by the POCSO accused …

Slightest Penetration is Enough to Establish Rape, Says Meghalaya HC, Rejects POCSO Convict's Appeal
2 years, 4 months ago

Slightest Penetration is Enough to Establish Rape, Says Meghalaya HC, Rejects POCSO Convict's Appeal

News 18  

The Meghalaya High Court has recently held that penetrative sexual assault does not require deep or complete penetration and that even the “slightest penetration” would attract penal provisions under Protection of Children from Sexual Offences Act Act, 2012. The court has taken the view in a case concerning the rape of a seven-and-a-half-year-old girl by a 60-year-old man on March …

[POCSO Act] Child Sexual Abuse Increasing Alarmingly, Courts Must Imbibe Legislative Wisdom: Delhi High Court
2 years, 5 months ago

[POCSO Act] Child Sexual Abuse Increasing Alarmingly, Courts Must Imbibe Legislative Wisdom: Delhi High Court

Live Law  

Observing that offences against minors, especially sexual assault, are increasing alarmingly, the Delhi High Court on Tuesday stressed that it is necessary for the courts to "imbibe the legislative wisdom" behind enactment of the Protection of Children Against Sexual Offences Act. Observing that rape is a heinous crime which is abhorrent not only as against the victim but also against …

POCSO Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court
2 years, 6 months ago

POCSO Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court

Live Law  

The Karnataka High Court on Friday allowed a petition filed by a minor boy and set aside the investigation initiated against him under sections of the Protection of Children from Sexual Offences Act for allegedly sexually assaulting a minor girl, following a mutual settlement having arrived at between the parties. It would not be inapt to notice that young children …

Touching Child's Private Parts With Sexual Intent Sufficient To Attract POCSO Act, Absence Of Injury Not Relevant: Bombay High Court
2 years, 6 months ago

Touching Child's Private Parts With Sexual Intent Sufficient To Attract POCSO Act, Absence Of Injury Not Relevant: Bombay High Court

Live Law  

Merely touching the private parts of a child with sexual intent is enough for it to be construed as sexual assault under section 7 of the POCSO Act and a medical certificate demonstrating an injury is not mandatory, the Bombay High Court has held. "The absence of injury mentioned in the medical certificate will not make any difference to her …

Kerala court says sexual harassment invalid if woman wears provocative dress: When rulings let down women
2 years, 7 months ago

Kerala court says sexual harassment invalid if woman wears provocative dress: When rulings let down women

Firstpost  

From observation on marital rapes to what constitutes aggravated sexual assault under the POCSO Act, courts across India have made statements that have angered women and child right activists as well as people on social media. Here are a few such instances when rulings fell short of expectations Kozhikode sessions court in Kerala on Wednesday granted bail to author and …

Delhi High Court Modifies POCSO Conviction To Less Grave Offence, Orders Release As Convict's Imprisonment Exceeds Maximum Punishment
2 years, 7 months ago

Delhi High Court Modifies POCSO Conviction To Less Grave Offence, Orders Release As Convict's Imprisonment Exceeds Maximum Punishment

Live Law  

The Delhi High Court has held that a man accused of sexually abusing a minor cannot be punished under Section 6 of the POCSO Act for the offence of 'aggravated penetrative sexual assault' when the alleged act falls short of 'penetration'.The bench of Justice Jasmeet Singh held that without penetration, such act is only an attempt to rape or aggravated …

Making Victim Naked Proves Culpable Mental State, Touching Private Part Not Required: Calcutta HC Upholds Conviction For Aggravated Sexual Assault In POCSO Case
2 years, 10 months ago

Making Victim Naked Proves Culpable Mental State, Touching Private Part Not Required: Calcutta HC Upholds Conviction For Aggravated Sexual Assault In POCSO Case

Live Law  

The Calcutta High Court on Friday upheld conviction for the offence of aggravated sexual assault under Section 10 of the Protection of Children from Sexual Offences Act by opining that surrounding circumstances like the accused making the minor victim girl naked prove the culpable mental state of the accused. Justice Bibek Chaudhuri also rejected the argument that since nobody saw …

Presumption U/S 29 POCSO Act Comes Into Play Even At Pre Trial Stage: Jammu & Kashmir & Ladakh High Court
3 years ago

Presumption U/S 29 POCSO Act Comes Into Play Even At Pre Trial Stage: Jammu & Kashmir & Ladakh High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed that presumption under Section 29 of the Protection of Children from Sexual Offences Act, 2012 comes into play even at the pre-trial stage.The Bench of Justice Javed Iqbal Wani observed thus as it agreed with a Jugdment of the Coordinate Bench of the High Court about the applicability of the …

'Penetration Even Of Slightest Degree Is Necessary To Establish Offence Of Rape': Calcutta HC Modifies Order Of Conviction To 'Attempt To Rape' In Case Concerning 11 Yr Old Girl
3 years ago

'Penetration Even Of Slightest Degree Is Necessary To Establish Offence Of Rape': Calcutta HC Modifies Order Of Conviction To 'Attempt To Rape' In Case Concerning 11 Yr Old Girl

Live Law  

The Calcutta High Court has recently observed that penetration even of the slightest degree is necessary to establish the offence of rape and accordingly held that the appellant should be convicted for the offence of attempt to rape instead of the offence of rape. A Bench comprising Justices Bivas Pattanayak and Joymalya Bagchi was adjudicating upon a case wherein the …

POCSO : Supreme Court Issues Notice On Teacher's Plea Challenging Conviction For Aggravated Sexual Assault Of Student
3 years, 2 months ago

POCSO : Supreme Court Issues Notice On Teacher's Plea Challenging Conviction For Aggravated Sexual Assault Of Student

Live Law  

The Supreme Court of India on Monday issued notice in a plea challenging the Madras High Court's order confirming conviction and sentence imposed on a teacher for committing the offence of aggravated sexual assault with against a student under the POCSO Act.A Bench comprising Justice SK Kaul and Justice MM Sundresh has issued notice on the Special Leave Petition as …

[POCSO] 'Penetration Sufficient, Presence Of Semen Not Necessary': Delhi High Court Upholds Conviction Of Man For Raping 5 Yr Old
3 years, 2 months ago

[POCSO] 'Penetration Sufficient, Presence Of Semen Not Necessary': Delhi High Court Upholds Conviction Of Man For Raping 5 Yr Old

Live Law  

The Delhi High Court has upheld the conviction and sentence awarded to a man for raping a 5 year old minor victim in a POCSO case. The Court observed that penetration is sufficient in order to constitute an offence under Section 376 of IPC and Section 6 of the POCSO Act and that presence of the semen is not necessary. …

Vague Statement In Victim's Testimony With No Indication Of Penetration Not Proof Of Rape: Kerala High Court
3 years, 3 months ago

Vague Statement In Victim's Testimony With No Indication Of Penetration Not Proof Of Rape: Kerala High Court

Live Law  

The Kerala High Court on Wednesday observed that a statement from the victim that the accused hugged her with no indication of penetration would not attract the offence of rape under Section 375 IPC.Justice Kauser Edappagath observed that a vague statement would not be a substitute for the statutory mandate contained in the said Section:"Mere statement by the victim in …

Romantic relationship Cannot Be Lost Sight Of: Meghalaya High Court Grants Bail To Teenager In POCSO Case
3 years, 3 months ago

Romantic relationship Cannot Be Lost Sight Of: Meghalaya High Court Grants Bail To Teenager In POCSO Case

Live Law  

The Meghalaya High Court on Monday granted bail to a teenager in a sexual assault case lodged against him under the provisions of Protection of Children from Sexual Offences Act after taking into consideration that the minor victim and the accused were in a romantic relationship and that there was consensual sexual intercourse. Justice W Diengdoh observed, "On perusal of …

Error corrected: The Hindu Editorial on interpreting POCSO Act
3 years, 4 months ago

Error corrected: The Hindu Editorial on interpreting POCSO Act

The Hindu  

The Supreme Court has done well to correct an egregious error of interpretation committed by a judge in the Nagpur Bench of the Bombay High Court in holding that sexual assault on a child victim would require “skin-to-skin” contact. It has set aside two judgments that acquitted two offenders against children from the graver charge of sexual assault, even while …

"No Reason To Indict Male Only": Calcutta High Court Holds That 'Voluntary Sexual Union' Will Not Attract POCSO, Acquits Accused
3 years, 5 months ago

"No Reason To Indict Male Only": Calcutta High Court Holds That 'Voluntary Sexual Union' Will Not Attract POCSO, Acquits Accused

Live Law  

The Calcutta High Court held that voluntary joint act of sexual union will not attract offence under Protection of Children from Sexual Offences Act, 2012.If the union is participatory in nature, there is no reason to indict only the male just because of the peculiar nature of anatomy of the sexual organs of different genders, Justice Sabyasachi Bhattacharyya observed.To convict …

Touching Cheeks Without Sexual Intent Wouldn't Attract Offence Of 'Sexual Assault' Under POCSO: Bombay High Court
3 years, 6 months ago

Touching Cheeks Without Sexual Intent Wouldn't Attract Offence Of 'Sexual Assault' Under POCSO: Bombay High Court

Live Law  

Touching the cheeks without sexual intent would not attract the offence of 'sexual assault', as defined under Section 7 of the POCSO Act, the Bombay High Court has observed on Friday, while granting bail to a man booked under various offences under POCSO.Granting bail to a 46-year-old man, the Bench of Justice Sandeep K. Shinde observed that primary evaluation of …

Touching cheeks of minor without sexual intent not sexual assault: Bombay HC
3 years, 6 months ago

Touching cheeks of minor without sexual intent not sexual assault: Bombay HC

India Today  

The Bombay High Court while granting bail to a man accused of inappropriately touching a minor girl said touching the cheeks without sexual intent is not sexual assault under the Protection of Children from Sexual Offences Act. "In my view, touching the cheeks without a sexual intent would not attract the offence of ‘sexual assault’, as defined under Section 7 …

'Penile Accessing' Sufficient To Constitute Rape: Kerala High Court Expands Scope Of Definition Of Rape Under IPC
3 years, 7 months ago

'Penile Accessing' Sufficient To Constitute Rape: Kerala High Court Expands Scope Of Definition Of Rape Under IPC

Live Law  

The Kerala High Court on Monday held that when the body of the victim is manipulated to simulate a sensation akin to penetration of an orifice, the offence of rape is attracted.A Division Bench of Justice K. Vinod Chandran and Justice Ziyad Rahman A.A observed as such: ".we have no doubt in our mind that when the body of the …

The limits of POCSO
4 years ago

The limits of POCSO

The Hindu  

A single bench of the Madras High Court recently allowed a petition seeking to quash a case of kidnap, aggravated penetrative sexual assault and aggravated sexual assault of a minor. Sexual tendencies of adolescents The judgment echoes the arguments that child rights activists have been making for years: by ignoring the natural sexual tendencies of adolescents, POCSO can and does …

POCSO doesn’t brook dilution
4 years, 1 month ago

POCSO doesn’t brook dilution

The Hindu  

The Protection of Children from Sexual Offences Act was enacted in 2012 especially to protect children from sexual assault. One, the definition of ‘assault or criminal force to woman with intent to outrage her modesty’ given in the IPC is generic whereas in POCSO, the acts of sexual assault are explicitly mentioned such as touching various private parts or doing …

Offences Under Sec. 377 IPC And POCSO Act Against Small Children Cannot Be Settled By Compromise: Delhi High Court
4 years, 1 month ago

Offences Under Sec. 377 IPC And POCSO Act Against Small Children Cannot Be Settled By Compromise: Delhi High Court

Live Law  

The Delhi High Court on Friday held that the court cannot permit quashing of FIR merely on the ground that the parties have entered into a compromise where the FIR relates to heinous offences against small children under sec. 4 of the POCSO Act are non compoundable offences and that the court while exercising its power under sec. Furthermore, the …

'She Has Vividly Described Her Love Relationship With Accused' : Bombay High Court Acquits Man Accused Of Raping Minor Girl
4 years, 1 month ago

'She Has Vividly Described Her Love Relationship With Accused' : Bombay High Court Acquits Man Accused Of Raping Minor Girl

Live Law  

The Nagpur Bench of the Bombay High Court has set aside the conviction and sentence of a 27 years old driver, accused of raping a minor girl on the ground that her testimony did not inspire confidence.The prosecutrix was aged 17 years and 9 months on the date of crime.The trial court had sentenced the accused to 10 years rigorous …

Holding girl’s hands, opening pant’s zip not sexual assault under POCSO, says Bombay HC
4 years, 1 month ago

Holding girl’s hands, opening pant’s zip not sexual assault under POCSO, says Bombay HC

Firstpost  

Nagpur: The Nagpur bench of the Bombay High Court has ruled that holding the hands of a minor girl and opening of the zip of pants does not fall under the purview of ‘sexual assault’ or ‘aggravated sexual assault’ of the Protection of Children from Sexual Offences Act. The high court noted that the definition of “sexual assault” under the …

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