Man acquitted of sexually assaulting 13-year-old girl
6 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 per the prosecution, the accused, a resident of NM Joshi Marg, allegedly proposed to the victim on January 26, 2018, by telling her that he would divorce his wife. “The prosecution evidence also does not prove that the accused has committed any act of sexual assault i.e touched the victim with sexual intent”, the court said and ordered that the accused be released immediately.

Victim Accused Sexual  touched  acquitted  sexual  prove  accused  13yearold  assaulting  act  observed  victim  court  man  sexually  victims  girl  prosecution

History of this topic

Ghatkopar resident sentenced to 20-yr jail for raping 8-yr-old
1 week, 4 days 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 …

Delhi court convicts man for 'attempting' to sexually assault boy in 2015
3 weeks, 6 days ago

Delhi court convicts man for 'attempting' to sexually assault boy in 2015

Hindustan Times  

New Delhi, A court here has convicted a man for "attempting" to commit unnatural sexual offence on a seven-year-old boy in 2015. Delhi court convicts man for 'attempting' to sexually assault boy in 2015 Additional Sessions Judge Amit Sahrawat was hearing the case against the accused who was charged under section 377 of the Indian Penal Code and section 6 …

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

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

Minor sexually assaulted by cousin delivers baby in TN, culprit held under Pocso
1 month, 2 weeks ago

Minor sexually assaulted by cousin delivers baby in TN, culprit held under Pocso

New Indian Express  

DHARMAPURI: A 28-year-old man was arrested under Pocso Act for allegedly sexually assaulting his minor cousin, studying in Class 11 at a government school near Pallipalayam. On Thursday, she suffered labour pains while in school and delivered a baby girl.” Officials added, “The minor suffered from severe bleeding and was later transferred to Tiruchengode Government Hospital along with the baby. …

Chandigarh: Madrasa teacher held for sexually assaulting minor boy
2 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 …

Six-year-old boy sexually assaulted by neighbour; locals attack cops, accused
3 months, 2 weeks ago

Six-year-old boy sexually assaulted by neighbour; locals attack cops, accused

New Indian Express  

NEW DELHI: A 6-year-old boy was “inappropriately touched” by his 35-year-old neighbour following which the police have lodged a sexual assault case under POCSO provisions and arrested the accused, an official said on Wednesday. While arresting the accused, identified as Balram Dass alias Kalu, from the victim’s neighbourhood and bringing him to the police station, a large mob, also comprising …

Kandivali man gets 12-year jail term for sexually harassing minor nephew
3 months, 3 weeks ago

Kandivali man gets 12-year jail term for sexually harassing minor nephew

Hindustan Times  

MUMBAI: A special POCSO court on August 21 convicted a 55-year-old man for sexually abusing his 11-year-old nephew who has a neurological disorder. The acts committed by the accused were, therefore, clearly an abuse of the trust placed upon him by the father of the victim boy,” the court said while sentencing the man. Four days later, the accused allegedly …

Woman can also commit penetrative sexual assault in Pocso cases: Delhi HC
4 months, 2 weeks 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 …

POCSO Act | No Presumption Of Guilt Against Accused If Prosecution Fails To Prove 'Foundation Facts' Beyond Reasonable Doubt: Patna High Court
5 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 …

75-year-old booked for sexually harassing woman
9 months ago

75-year-old booked for sexually harassing woman

Hindustan Times  

Noida: A 75-year-old man has been booked for allegedly sexually harassing a 26-year-old woman on the pretext of offering her employment in Noida’s Sector 94 on February 6, police said on Sunday. Following the woman’s complaint, a sexual harassment case under the Indian Penal Code was registered at Sector 126 police station on Saturday. “The survivor, a resident of Noida, …

Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor
9 months, 1 week 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 …

S.19 POCSO Act Doesn't Obligate Doctor To "Investigate And Gather Knowledge" Of Sexual Assault To Report It To Police: Karnataka High Court
9 months, 3 weeks 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 …

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
10 months, 3 weeks 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. …

S. 22 POCSO Act| Child Can't Be Prosecuted For Perjury For False Allegations Of Rape: J&K High Court
11 months, 3 weeks 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, …

60-year-old acquitted of charges of impregnating minor granddaughter
1 year, 3 months ago

60-year-old acquitted of charges of impregnating minor granddaughter

Hindustan Times  

Mumbai: Observing that the victim has physical relations with a third person, a special POCSO court recently acquitted a 60-year-old man who was arrested for physically assaulting his 16-year-old granddaughter with cigarette buts and impregnating her. However, on July 10, 2018, the girl gave another statement wherein she informed the police that her grandfather had forceful sexual relations with her, …

Man gets 10-year jail term for sexually assaulting girl
1 year, 3 months ago

Man gets 10-year jail term for sexually assaulting girl

Hindustan Times  

Mumbai: A special POCSO court on Tuesday sentenced a 31-year-old man to ten years imprisonment for sexually assaulting a 13-year-old girl in February 2018 in Kurar Village, Malad East. HT Image The girl had gone to buy some grocery items when the accused took her to a secluded spot and sexually assaulted her, a police officer said, adding that the …

Uncorroborated Evidence Of Prosecutrix Sufficient But Father's Failure To Disclose Sexual Assault Casts Doubt On Her Credibility: Gauhati High Court
1 year, 3 months ago

Uncorroborated Evidence Of Prosecutrix Sufficient But Father's Failure To Disclose Sexual Assault Casts Doubt On Her Credibility: Gauhati High Court

Live Law  

The Gauhati High Court recently acquitted two persons who were convicted for the offence of penetrative sexual assault on a minor under Section 4 of POCSO Act on the ground that even though father of the victim had lodged the FIR, he did not alleged any sexual offence. Although uncorroborated evidence of prosecutrix is sufficient evidence against the perpetrators, yet …

POCSO Act Is Gender Neutral, Misleading To Argue ‘It Is Gender-Based Legislation And Is Being Misused’: Delhi High Court
1 year, 4 months ago

POCSO Act Is Gender Neutral, Misleading To Argue ‘It Is Gender-Based Legislation And Is Being Misused’: Delhi High Court

Live Law  

The Delhi High Court has observed that the Protection of Children from Sexual Offences Act, 2012, is a gender-neutral legislation and that it is insensitive to argue that the law is being misused.While dealing with a POCSO case where the accused submitted that the enactment is a gender-based law and therefore is being misused, Justice Swarana Kanta Sharma said:“To say …

Father sentenced to life imprisonment for sexually assaulting 8-year-old daughter
1 year, 5 months ago

Father sentenced to life imprisonment for sexually assaulting 8-year-old daughter

India Today  

A special court under the Protection of Children from Sexual Offences Act has sentenced a father to life imprisonment for sexually assaulting his 8-year-old daughter. While stating that, "it is a clear case of 'protector turning predator'", Special Judge Nazera Sheikh emphasised the significance of the father-daughter relationship and the role of a father as a protector, provider, and disciplinarian. …

Undressing & Sleeping Over Minor Victim, Asking To Penetrate Her Private Part Amounts To ‘Sexual Assault’, Not Rape: Orissa High Court
1 year, 5 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 …

72-year-old gets 5 years in jail for molesting 6-year-old girl
1 year, 6 months ago

72-year-old gets 5 years in jail for molesting 6-year-old girl

Hindustan Times  

MUMBAI: A special POCSO court on Tuesday convicted a 72-year-old man to five years of imprisonment for molesting a six-year-old girl in a garden in August 2020. The depression woman sit on the floor with sexual harassment concept As per the complaint filed by the girl’s mother with Antop Hill police station, On August 20, the six-year-old along with her …

Absence Of Witnesses Not Ground To Exonerate Accused In POCSO Case If Survivor's Testimony Reliable: Meghalaya High Court
1 year, 6 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 …

Man gets 14-year jail term for raping minor niece
1 year, 7 months ago

Man gets 14-year jail term for raping minor niece

Hindustan Times  

MUMBAI: A special Protection of Children from Sexual Offences court last week sentenced a man to 14 years imprisonment for sexually assaulting his minor niece. “The girl had not even reached the age of 16 years when the accused had repeatedly subjected her to intercourse for satisfying his lust,” the court observed. When the girl got pregnant and the accused …

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence
1 year, 8 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, 8 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 …

Rajasthan: Man gets 20-year rigorous imprisonment in POCSO case
1 year, 8 months ago

Rajasthan: Man gets 20-year rigorous imprisonment in POCSO case

Hindustan Times  

A man was awarded 20 years of rigorous imprisonment by a Protection of Children from Sexual Offences court on Saturday in Rajasthan’s Bharatpur for allegedly sodomising a minor child, people familiar with the matter said. Special public prosecutor Maharaj Singh Sinsinwar said justice Akhlesh Kumar of the POCSO court number-2 in his verdict convicted the accused and awarded him 20 …

Bombay High Court upholds 10-yr sentence of man who sexually assaulted girl-child
1 year, 8 months ago

Bombay High Court upholds 10-yr sentence of man who sexually assaulted girl-child

India Today  

Holding that "a little girl of 3-½ years, who is not even introduced to her own organs, cannot be expected to give an exact description of her private parts," the Bombay High Court has upheld a 10-year sentence against a Mumbai man. READ | Bombay High Court allows anticipatory bail to police constable accused of rape On the afternoon of …

3.5 Yrs Old Girl Not Introduced To Own Organs, Not Expected To Give Exact Description Of Private Parts, Identify Accused From Photo: Bombay High Court
1 year, 8 months ago

3.5 Yrs Old Girl Not Introduced To Own Organs, Not Expected To Give Exact Description Of Private Parts, Identify Accused From Photo: Bombay High Court

Live Law  

Observing that a three-year-old child cannot be expected to give an exact description of her private parts or identify the accused based on a photograph, the Bombay High Court upheld the 10 -year sentence of the child’s neighbour under the Protection of Children from Sexual Offences Act. “A little girl of 3 ½ years who is not even introduced to …

Can't Presume Class XII Student Is Minor, Highly Preposterous: Delhi High Court Questions Police Over Addition Of POCSO Charge In Rape Case
1 year, 10 months 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
1 year, 10 months 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 …

Mumbai court acquits man accused of touching minor girl's chest six years ago
1 year, 11 months ago

Mumbai court acquits man accused of touching minor girl's chest six years ago

India Today  

A special Pocso court in Mumbai acquitted a 25-year-old man, who was accused of taking a girl away from her home and touching her chest six years ago. While acquitting the man, special judge Kalpana Patil said that there was a delay in disclosing the incident by the victim and that the alleged minor victim used to take intoxicants. The …

Man gets 20-year jail for raping minor
1 year, 11 months ago

Man gets 20-year jail for raping minor

Deccan Chronicle  

HYDERABAD: A 25-year-old man accused of sexually assaulting a seven-year-old at Golconda in the year 2018, was sentenced to imprisonment for 20 years. The Special Court for PoCSO cases which delivered the judgement, also imposed a fine of Rs 10,000 on the accused. After examining the evidence and the arguments presented by Durgaji, the Public Prosecutor, J. Kavita, Judge, Fast …

[S.354 IPC] Women Can Also Be Held Guilty Of Outraging Woman's Modesty – Mumbai Court
2 years ago

[S.354 IPC] Women Can Also Be Held Guilty Of Outraging Woman's Modesty – Mumbai Court

Live Law  

A Metropolitan Magistrates Court in Mumbai has held Section 354 of the IPC as being gender neutral qua the offender, and thus convicted and sentenced a mother of three to one-year rigorous imprisonment for outraging another woman's modesty. The bench underscored that Section 354 IPC is "not a sexual offence" but falls under the chapter of 'Criminal Force and Assault' …

Mumbai court grants bail to 22-yr-old who was charged under POCSO
2 years ago

Mumbai court grants bail to 22-yr-old who was charged under POCSO

India Today  

A Mumbai court has granted bail to a 22-year-old man who was charged under the Protection of Children from Sexual Offences Act. His alleged crime was refusing to get married to a minor girl, which was followed by a case of kidnapping and rape registered against him. In December 2020, the accused asked the girl to accompany him to Pune …

‘Accused Needs Counselling’: Allahabad HC Denies Bail to Juvenile Teacher for Sexually Assaulting 8-Year-Old
2 years, 1 month ago

‘Accused Needs Counselling’: Allahabad HC Denies Bail to Juvenile Teacher for Sexually Assaulting 8-Year-Old

News 18  

The Allahabad High Court has denied bail to a juvenile, accused of sexually assaulting his eight-year-old student when she came to study religious scriptures from him. Accordingly, it dismissed the criminal revision petition moved by the juvenile challenging the bail rejection order of the Juvenile Justice Board, Kasganj, which was affirmed by the Special Judge, Act, Kasganj, and held that …

POCSO Act - Non-Reporting Of Sexual Assault Despite Knowledge Is A Serious Crime : Supreme Court
2 years, 1 month 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 …

POCSO Act overrides personal laws on age for sexual activities: HC
2 years, 1 month ago

POCSO Act overrides personal laws on age for sexual activities: HC

The Hindu  

The substantive and special enactments like the Indian Penal Code and the Protection of Children from Sexual Offences Act overrides the personal laws on age for having sexual activities, the High Court of Karnataka has observed while considering the petitions filed by two Muslim men, who had sought bail in separate criminal cases registered against them for having sexual relationship …

Slightest Penetration is Enough to Establish Rape, Says Meghalaya HC, Rejects POCSO Convict's Appeal
2 years, 1 month 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, 2 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: Mumbai special court sentences man to three years in prison for pulling dupatta of a minor girl
2 years, 2 months ago

POCSO case: Mumbai special court sentences man to three years in prison for pulling dupatta of a minor girl

India Today  

A special court under the Protection of Children from Sexual Offences Act in Mumbai has sentenced a 23-year-old man to three years in prison for pulling the dupatta of a 15-year-old girl studying in 10th standard. The prosecution’s case was that the accused used to stand in front of the girl’s house and make certain gestures. READ | PIL seeks …

Nine-year-old minor physically assaulted by her father
2 years, 2 months ago

Nine-year-old minor physically assaulted by her father

Deccan Chronicle  

HYDERABAD: The Banjara Hills police arrested a 40-year-old religious leader for allegedly sexually assaulting his youngest daughter, who is nine years old, at his house in Banjara Hills on September 24. “Our women staff counselled the victim in the presence of her family members,” M. Narrender, Banjara Hills police inspector said. The couple married five years ago and divorced three …

Police detains five in alleged gang rape of 15-year-old girl in UP's Lakhimpur Kheri
2 years, 3 months ago

Police detains five in alleged gang rape of 15-year-old girl in UP's Lakhimpur Kheri

Firstpost  

In her statements before the magistrate, the girl disclosed the identity of four accused, who were from her village and were previously known to her. A case has been registered against the accused under the IPC and Protection of Children against Sexual Offences Act 2012 Lakhimpur Kheri: Five persons have been detained for questioning in connection with the alleged gangrape …

POCSO Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court
2 years, 3 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, 3 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 …

Delhi High Court Modifies POCSO Conviction To Less Grave Offence, Orders Release As Convict's Imprisonment Exceeds Maximum Punishment
2 years, 4 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 …

Bombay High Court Quashes Sexual Assault FIR Under POCSO Act As Victim (Now A Major) & Accused To Marry
2 years, 6 months ago

Bombay High Court Quashes Sexual Assault FIR Under POCSO Act As Victim (Now A Major) & Accused To Marry

Live Law  

The Bombay High court recently quashed an FIR under Protection of Children from Sexual Offences Act for penetrative sexual assault, as the victim girl says that she and the accused were allegedly in love and are now to be married. Justices Prasanna B. Varale and SM Modak stated, "we are inclined to accept the request for quashing the FIR, only …

8-year-old boy caught smoking, made false sodomy claim: Mumbai court acquits man
2 years, 7 months ago

8-year-old boy caught smoking, made false sodomy claim: Mumbai court acquits man

India Today  

A special court in Mumbai under the Protection of Children from Sexual Offences act has acquitted a man accused of sodomising a minor boy. The court observed that the 8-year-old boy who was caught smoking by his mother had claimed that he was sodomised by the then 18-year-old accused. The victim has narrated about the incident only when he was …

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, 7 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 …

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