Man Acquitted From Charges Of POCSO For Doubt Over Age Of Victim [Read Judgment]
8 years ago

Man Acquitted From Charges Of POCSO For Doubt Over Age Of Victim [Read Judgment]

Live Law  

The Madhya Pradesh High Court has exonerated an appellant from the charges under provisions of Protection of Children against Sexual Offences Act given the prosecution failed to prove the prosecutrix was minor at the time of incident.While the court maintained conviction of the appellant for offences punishable under section 354 of Indian Penal Code.The appellant was convicted for attempt. The Madhya Pradesh High Court has exonerated an appellant from the charges under provisions of Protection of Children against Sexual Offences Act given the prosecution failed to prove the prosecutrix was minor at the time of incident. While the court maintained conviction of the appellant for offences punishable under section 354 of Indian Penal Code. Furthermore the court said “the appellant conviction under sections 9 read with section 10 of POCSO Act has not been found proved beyond reasonable doubt, but offence punishable under section 354 of the IPC is found to be proved beyond reasonable doubt”.

Court Appellant Reasonable Doubt Man Acquitted  age  doubt  charges  read  appellant  punishable  conviction  judgment  reasonable  prosecutrix  proved  pocso  prosecution  offences  man  acquitted  birth  court  victim

History of this topic

Grabbing minor's breasts, breaking pyjama's string not attempt to rape: Allahabad High Court
1 day, 19 hours 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 …

[S.377 IPC Attempt] Crimes Against Women & Children On The Rise, Releasing Convict On Probation Will Send Wrong Message: Kerala High Court
1 week, 4 days ago

[S.377 IPC Attempt] Crimes Against Women & Children On The Rise, Releasing Convict On Probation Will Send Wrong Message: Kerala High Court

Live Law  

The Kerala High Court has refused to invoke the provisions of the Probation of Offenders Act in the benefit of a man convicted by the Trial Court under Section 377 and 506 of IPC. Court said, “But in the light of the nature of the offences committed, I do not think that the benevolent provisions require to be invoked because …

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
2 weeks 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
2 weeks, 2 days 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. …

POCSO Act: All India Annual Digest 2024
3 weeks, 2 days ago

POCSO Act: All India Annual Digest 2024

Live Law  

Sections 4, 6, 29 and 30 - Presumption under the POCSO Act – Applicability and Conviction - Sentence Modification - Socio-Economic Considerations - Parole Denial - The Supreme Court upheld the conviction of the appellant under Sections 302, 364, and 377 of IPC and Sections 4 and 6 of the POCSO Act for the aggravated penetrative sexual assault and murder …

Odisha HC overturns POCSO court decision referring major accused to juvenile board
1 month ago

Odisha HC overturns POCSO court decision referring major accused to juvenile board

New Indian Express  

CUTTACK: The Orissa High Court has set aside the order of Special POCSO Court, Sambalpur, referring a 20-year-old accused to the Juvenile Justice Board simply because he was a minor at the inception of a continuing offence of alleged rape. The accused shall be tried strictly in accordance with law, as a major, without recourse to the protective provisions of …

'Raises Concerns About Competence Of Judge': Orissa HC Sets Aside Order In POCSO Case Wrongly Treating Major Accused As 'Juvenile'
1 month ago

'Raises Concerns About Competence Of Judge': Orissa HC Sets Aside Order In POCSO Case Wrongly Treating Major Accused As 'Juvenile'

Live Law  

The Orissa High Court has heavily criticized a Special Court under the Protection of Children from Sexual Offence Act for treating an accused as 'juvenile' and referring the case to Juvenile Justice Board despite having enough materials to suggest that the last act in the 'continuing offence' was committed by the accused much after he attained majority. While reprimanding the …

Juvenile tried as adult, gets 20-yr jail in rape case
1 month ago

Juvenile tried as adult, gets 20-yr jail in rape case

New Indian Express  

LUCKNOW: A special POCSO court, on Monday, sentenced a juvenile to 20 years of imprisonment in connection with his involvement in the rape of the three-year old girl. Special POCSO court judge Vijendra Tripathi clarified that if the convict failed to deposited the penalty, he would have to serve three additional months in jail. However, considering the crime as heinous, …

Man gets 35 years jail term for sexually assaulting minor girl
1 month, 1 week ago

Man gets 35 years jail term for sexually assaulting minor girl

The Hindu  

The Additional District and Sessions Court in Kalaburagi has sentenced a 24-year-old man to 35 years in jail and imposed a fine of ₹29,000 on him for raping a minor girl. As per information provided by Public Prosecutor Shantaveer Tuppad, accused Adarsha Chinde sexually assaulted the girl aged 14 and nine months in May 2023 after promising to marry her. …

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

Madras HC acquits Pocso convict for lack of corroborative evidence
1 month, 2 weeks ago

Madras HC acquits Pocso convict for lack of corroborative evidence

New Indian Express  

CHENNAI: The Madras High Court acquitted a man who was sentenced to 20 years of imprisonment in a Pocso case for sexual assault of a minor girl. Finding that the prosecution’s case against the convict was weakened by contradictions and lacked substantiated evidence, Justice M Nirmal Kumar set aside the conviction and sentence and ordered the man to be set …

Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court
1 month, 2 weeks ago

Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court

Live Law  

While setting aside the conviction order passed by the trial court in a rape and abduction case, the Jammu and Kashmir & Ladakh High Court observed that the fact that Prosecutrix was aware of the place where she was kept after abduction and raped but never identified that place during the investigation assumes significance as material contradiction. The trial court …

Man gets 30 years imprisonment for raping minor
Trending News
1 month, 2 weeks ago

Man gets 30 years imprisonment for raping minor

The Hindu  

An Additional District and Sessions Court in Kalaburagi has sentenced a 21-year-old man to 30-year imprisonment and imposed a fine of ₹36,000 on him for raping a minor girl. As per the information provided by Shantaveer Tuppad, the Public Prosecutor in the case, Anil Karagar, a resident of Navanihal at Kamalapur taluk in Kalaburagi district, sexually assaulted a girl who …

Mangaluru court sentences man to 20 years RI for raping, impregnating minor
Trending News
1 month, 3 weeks ago

Mangaluru court sentences man to 20 years RI for raping, impregnating minor

The Hindu  

An Additional District and Sessions-cum-Fast Track Court in Mangaluru on Tuesday, sentenced a 43-year-old man from Dharmasthala to 20 years rigorous imprisonment after finding him guilty of repeatedly raping and impregnating a 15-year-old girl. The judge directed the District Legal Services Authority to pay ₹6.45 lakh compensation to the victim girl under the victim compensation scheme. Leading the prosecution initiated …

Court sentences man to 20 years rigorous RI in POCSO case
1 month, 3 weeks ago

Court sentences man to 20 years rigorous RI in POCSO case

Deccan Chronicle  

Hyderabad: A special court for POCSO Act cases sentenced a 32-year-old person to 20 years rigorous imprisonment for raping a five-year-old girl at his house in Secunderabad in November 2023. Special Sessions Judge for POCSO Act cases, B. Pushpalatha, held the accused guilty for the offence punishable under Section 5 read with Section 6 of POCSO Act and Section 376-AB …

Madras HC forms SIT to probe leak of minor survivor’s statement in sexual assault case
1 month, 3 weeks 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 …

POCSO court sentences two in 2022 Bahraich rape case
2 months ago

POCSO court sentences two in 2022 Bahraich rape case

Hindustan Times  

Additional Sessions Judge Deep Kant Mani, presiding over a Protection of Children from Sexual Offences court, on Saturday, sentenced two accused to imprisonment and fines in connection with the 2022 rape and abduction case of a minor girl in Bahraich. The primary accused, Shamshad Ansari, was handed a 10-year imprisonment term under Section 4 of the POCSO Act, 2012, and …

Indian courts, despite their flaws, have been firm on POCSO cases: How the Himachal HC's refusal to allow 'compromise' sends an important message
2 months, 1 week ago

Indian courts, despite their flaws, have been firm on POCSO cases: How the Himachal HC's refusal to allow 'compromise' sends an important message

Op India  

Each year, countless girls and boys globally encounter sexual abuse and exploitation. The court cited the Supreme Court’s 2012 verdict in Gian Singh v. State of Punjab, which clearly established that “prior to invoking the authority under Section 482 of the CrPC, the high court must carefully consider the nature and severity of the offense.” It further asserted that “serious …

S.21 POCSO Act | Doctor Not Responsible To 'Verify' Age Of Victim Or 'Ascertain' If Offence Has Been Committed: Madras High Court
2 months, 2 weeks ago

S.21 POCSO Act | Doctor Not Responsible To 'Verify' Age Of Victim Or 'Ascertain' If Offence Has Been Committed: Madras High Court

Live Law  

The Madras High Court has recently observed that a Doctor does not have a responsibility to 'verify' or 'ascertain' the age of a victim brought in for abortion, for the purposes of reporting crime under POCSO Act. “As the Hon'ble Apex Court has astutely noted, the petitioner bore no responsibility to verify the victim girl's age or ascertain whether offences …

Case Transferred To POCSO Court After 8-Yrs Trial: Gujarat HC Says Police, Prosecution & Trial Court Prima Facie Failed In Discharging Duty
2 months, 2 weeks ago

Case Transferred To POCSO Court After 8-Yrs Trial: Gujarat HC Says Police, Prosecution & Trial Court Prima Facie Failed In Discharging Duty

Live Law  

The Gujarat High Court recently lamented the failure on part of the Police, the prosecution and the trial court in an assault case, which came to be transferred to a POCSO Court, eight years after commencement of trial. “Prima facie, it is very strange and also shameful on the part of the entire law enforcing and law adjudicating machinery that …

Kerala POCSO court sentenced Unais to 87 Years for raping minor girl
2 months, 2 weeks ago

Kerala POCSO court sentenced Unais to 87 Years for raping minor girl

Op India  

On 4th January, a POCSO court in Kerala’s Manjeri sentenced 29-year-old Unais, son of Hussain, to 87 years of rigorous imprisonment for sexually assaulting a 16-year-old minor girl. The court sentenced Unais to 40 years of rigorous imprisonment under Section 5 read with 6 of the POCSO Act, along with a fine of Rs 2 lakh. Furthermore, the court sentenced …

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 …

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court
3 months ago

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court

Live Law  

The Kerala High Court has held that remote chance of conviction due to compromise between the accused and the complainant should not serve as a ground to terminate investigation abruptly and to quash the FIR and further proceedings in serious offences involving POSCO Act. The court further said that legal position was comprehensive that criminal proceedings involving very serious offences …

[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 …

Sexual harassment of badminton players: Pocso court awards jail terms to son and father
3 months, 2 weeks ago

Sexual harassment of badminton players: Pocso court awards jail terms to son and father

Hindustan Times  

LUCKNOW The court of special judge on Friday awarded a seven-year prison term to former working secretary of the Uttar Pradesh Badminton Association Nishant Sinha and a five-year term to his father and former secretary of the UPBA Vijay Sinha in a January 2017 case related to sexual harassment of female badminton players of Babu Banarasi Das Uttar Pradesh Badminton …

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 …

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 …

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC
3 months, 3 weeks ago

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has acquitted a man convicted for committing aggravated sexual penetrative assault under Protection of Children from Sexual Offences Act, observing that the prosecutrix sat as a pillion rider with accused in a crowded place and did not raise alarm- which denotes that the relationship was "entirely consensual".Justice Sureshwar Thakur and Justice. The Punjab and …

Karnataka HC To Consider Whether POCSO Act Is Gender Neutral Or Not, Stays Proceedings Against Woman Accused Of Sexually Assaulting Minor
3 months, 3 weeks 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
3 months, 3 weeks 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
3 months, 3 weeks 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
3 months, 3 weeks 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" …

Man gets 20-year-jail for raping 6-year-old girl
4 months ago

Man gets 20-year-jail for raping 6-year-old girl

Deccan Chronicle  

Vijayawada:Special Court for Protection of Children from Sexual Offences in Ongole has sentenced an accused to 20 years’ imprisonment and fined him ₹10,000. According to the police, Duddu Chinnabbai, 57, a resident of SC Colony at Santharavuru village in Chinaganjam mandal sexually assaulted a six-year-minor girl of the same village on March 20, 2018 after taking her to a secluded …

Man gets 20-year RI in POCSO case in Bahraich
4 months ago

Man gets 20-year RI in POCSO case in Bahraich

Hindustan Times  

In a significant judgment, Additional Sessions Judge for Protection of Children from Sexual Offences, Deep Kant Mani, has sentenced one Islam, a resident of Laukahi village, to 20 years of rigorous imprisonment under Section 6 of the POCSO Act, 2012. Following the complaint, the police registered an FIR against Islam under Sections 376, 323, 504, and 506 of the Indian …

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 …

Anna Nagar POCSO case | Supreme Court stays order for CBI probe into sexual assault of minor in Chennai
4 months, 1 week 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, 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 …

Benefit Of Doubt Can't Be Given To Accused Citing Absence Of Injuries On Rape Victim's Body: Punjab & Haryana High Court Reiterates
4 months, 2 weeks ago

Benefit Of Doubt Can't Be Given To Accused Citing Absence Of Injuries On Rape Victim's Body: Punjab & Haryana High Court Reiterates

Live Law  

The Punjab & Haryana High Court has upheld the conviction in rape case of a 6-year-old victim, observing that "even in the absence of injuries on the body of prosecutrix, the benefit of doubt cannot be granted to the accused. "Justice Anupinder Singh Grewal and Justice Kirti Singh observed that, "Crimes involving violence against women must be met with severe …

10 years imprisonment for Saharanpur man in POCSO case
5 months, 2 weeks ago

10 years imprisonment for Saharanpur man in POCSO case

Hindustan Times  

A local court in Panchkula has sentenced a man from Saharanpur to 10 years in prison under the Protection of Children from Sexual Offences Act. Following this, the police filed additional charges under Sections 363, 366-A, and 376 of the IPC, along with Section 4 of the POCSO Act, 2012. The prosecution presented strong evidence, including witness testimonies and medical …

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

Man sentenced to 30-year imprisonment for sexually assaulting minor girl
6 months ago

Man sentenced to 30-year imprisonment for sexually assaulting minor girl

The Hindu  

The District and Sessions Court in Kalaburagi has sentenced Shamrao Chikkanagaon, a resident of Kamalapur taluk in Kalaburagi district, to 30 years imprisonment for sexually assaulting a minor girl. As per details provided by Shanthaveer B. Tuppad, public prosecutor in the case, the accused on January 5, 2023, sexually abused the minor with a promise of marriage and threatened to …

Coimbatore man gets five years RI for sexual assault on minor girl
6 months, 1 week ago

Coimbatore man gets five years RI for sexual assault on minor girl

The Hindu  

The Special Court for the trial of cases registered under the POCSO Act, Coimbatore, on Thursday sentenced a man to five years of rigorous imprisonment for sexually assaulting a 12-year-old girl in 2022. The police said that the man sexually assaulted the minor girl, who used to come to his house to play with his grandson, between August 5 and …

Bombay High Court Upholds Life Sentence Of Man Convicted For Sexually Abusing Five Minor Girls
6 months, 1 week ago

Bombay High Court Upholds Life Sentence Of Man Convicted For Sexually Abusing Five Minor Girls

Live Law  

The Bombay High Court on Wednesday upheld the conviction and the life sentence imposed on a 40-year-old man, who was convicted for sexually abusing at least five minor girls.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan upheld the March 29, 2014 judgment of a special court in Thane, which convicted Ramesh Gopnur for raping five minor girls and …

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, 1 week 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 …

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