Romantic relationship Cannot Be Lost Sight Of: Meghalaya High Court Grants Bail To Teenager In POCSO Case
3 years, 1 month 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 the records, particularly the statement of the victim and the accused, prima facie it is apparent that there is a romantic relationship between the two and that the sexual act involved between them was one of consensual, notwithstanding the fact that in the case of an alleged victim being a minor, consent has no legal validity, however, this aspect of the matter cannot be lost sight of while a plea for grant of bail is being considered by the court." It is a matter of evidence as to whether the alleged act constitutes sexual assault as per the provision of the POCSO Act, the Court stated further. It was argued further that the POCSO Act has been enacted to prevent cases of sexual assault on children, however, the Act does not contemplate punishment of teenagers who are involved in romantic love.

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History of this topic

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court
1 week 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
1 week, 3 days 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
2 weeks, 4 days 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 …

Man sentenced to 25 years for raping minor stepdaughter
2 weeks, 5 days ago

Man sentenced to 25 years for raping minor stepdaughter

Deccan Chronicle  

Visakhapatnam: The Visakhapatnam POCSO Court has sentenced Tambari Trinath, a painter from Sai Nagar Colony, Sabbavaram Mandal, to 25 years in prison along with a fine of Rs. The girl, whose father had passed away and whose mother subsequently remarried Trinath, remained silent about the abuse due to threats from her stepfather. Following the registration of the case under the …

Released in Pocso case, man repeats crime, arrested in Coimbatore
2 weeks, 5 days ago

Released in Pocso case, man repeats crime, arrested in Coimbatore

New Indian Express  

COIMBATORE: All-Women Police arrested a 35-year-old man under Pocso Act for second time for sexually assaulting a 16-year-old girl. The suspect, who is from Rajapalayam in Virudhunagar, married the elder sister of the victim’s mother, and lived in Tiruppur. All Women Police in Coimbatore City arrested him in May under Pocso Act. Based on a complaint lodged by the girl’s …

Jodhpur: Pocso court awards life imprisonment to 31-yr-old man for raping minor girl
3 weeks ago

Jodhpur: Pocso court awards life imprisonment to 31-yr-old man for raping minor girl

Hindustan Times  

A 31-year-old man was awarded life imprisonment by the Protection of Children from Sexual Offences act cases court in Jodhpur on Monday in the rape case of a 12-year-old girl. The court also recommended financial assistance of ₹ 5 lakh for the minor child. “Given the gravity of the offense, the ages of both the minor girl and the perpetrator, …

Karnataka HC To Consider Whether POCSO Act Is Gender Neutral Or Not, Stays Proceedings Against Woman Accused Of Sexually Assaulting Minor
3 weeks, 6 days 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
1 month 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
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 …

Actress who accused Malayalam star Mukesh of rape withdraws complaint, says no 'support and protection from government'
Trending News
1 month 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
1 month 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
1 month 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
1 month 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
1 month, 2 weeks ago

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

Live Law  

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

Chandigarh: Madrasa teacher held for sexually assaulting minor boy
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 …

Arunachal rape-molestation case: Death sentence for prime accused, 20 years RI for two others
2 months, 4 weeks ago

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

New Indian Express  

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

Kerala Police to take suo moto cognizance of POCSO-related allegations cited in Hema committee report
3 months, 1 week ago

Kerala Police to take suo moto cognizance of POCSO-related allegations cited in Hema committee report

Op India  

Days after the state High Court came down heavily on Pinarayi Vijayan government for inaction, the Kerala Police are mulling to take suo motu cognizance of POCSO-related allegations mentioned in the Justice Hema Committee report. After the publication of Justice Hema Committee report citing sexual assault allegations in the Malayalam film industry, around 23 cases have been registered so far …

Coimbatore man gets five years RI for sexual assault on minor girl
3 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 …

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel
3 months, 1 week ago

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel

Live Law  

The Kerala High Court has quashed the criminal case filed against Superintendent of Police M. P. Sojan for making distasteful comments against the child victims in Walayar rape case. The Counsel for the complainant said that in Section 23, the words “any person” which signifies that the provision is not just applicable to the media persons but any other person …

HC directs State to address issue of protection of sportswomen from sexual harassment
3 months, 3 weeks ago

HC directs State to address issue of protection of sportswomen from sexual harassment

The Hindu  

The Madurai Bench of the Madras High Court has directed Tamil Nadu Chief Secretary to address the issue of protection of women participants in sports from sexual harassment, within six months. In the interest of justice and also to achieve social justice, the court has issued direction to the State government to provide accommodation at the State cost for either …

POCSO Act | Child Victim Of Traumatic Sexual Assault Must Not Be Repeatedly Called To Testify In Court : Supreme Court
3 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 …

'How Can POCSO Act Offence Be Termed Romantic?' : Supreme Court Slams HC Suggestion To Decriminalise 'Consensual' Sex Involving Older Teens
4 months ago

'How Can POCSO Act Offence Be Termed Romantic?' : Supreme Court Slams HC Suggestion To Decriminalise 'Consensual' Sex Involving Older Teens

Live Law  

The Supreme Court on Tuesday criticized the Calcutta High Court for observing in a judgment that the Protection of Children from Sexual Offences Act, 2012 must be amended to decriminalise consensual sexual acts involving adolescents above sixteen years. The Supreme Court further expressed disapproval of the High Court's suggestion that an exception must be carved out for "non-exploitative" sexual acts …

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 …

Vizianagaram: Man gets 20-year rigorous imprisonment in POCSO case
4 months, 2 weeks ago

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

Deccan Chronicle  

Visakhapatnam: The Vizianagaram special court for POCSO cases has sentenced Padagasai Manoj Kumar to 20-years of rigorous imprisonment and a fine of Rs 5,500 for sexually assaulting a minor girl. The case dates back to 2020, when the victim, a B. Pharmacy student residing in Bhogapuram mandal, filed a complaint at the Bhogapuram police station. Following the complaint, then DSPs …

Pocso accused youth beats victim’s dad to death in Tamil Nadu; held
4 months, 2 weeks ago

Pocso accused youth beats victim’s dad to death in Tamil Nadu; held

New Indian Express  

KRISHNAGIRI: Months after being released on bail in a Pocso case, a 24-year-old allegedly beat to death the man, whose daughter he had been booked for sexually assaulting, near Kelamangalam in Krishnagiri district on Saturday night. On Saturday night, Venkatraj met the girl near her house and Selvam, who saw them talking, got into a heated argument with the accused. …

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

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

Live Law  

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

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

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
5 months ago

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

Live Law  

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of …

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

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

Live Law  

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

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

Pocso case: Delhi court says punishment must correspond to offence

Hindustan Times  

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

POCSO Act Often Misused To Settle Personal Scores, Even In Matrimonial Disputes False Accusations Made To Deny Custody To Father: Kerala HC
5 months, 2 weeks ago

POCSO Act Often Misused To Settle Personal Scores, Even In Matrimonial Disputes False Accusations Made To Deny Custody To Father: Kerala HC

Live Law  

The Kerala High Court has cautioned the Police officers as well as Courts to be vigilant against people with ill motivations who misuse the provisions of Prevention of Children from Sexual Offences Act to settle personal scores. Even in matrimonial disputes, it said, minor children are used for alleging POCSO offences so the father of the child would not get …

[POCSO] Bombay High Court Grants Interim Relief To Man Booked For Allegedly Making Child Record Sexual Activity Between Him And The Child's Mother
5 months, 2 weeks ago

[POCSO] Bombay High Court Grants Interim Relief To Man Booked For Allegedly Making Child Record Sexual Activity Between Him And The Child's Mother

Live Law  

The Bombay High Court recently granted interim anticipatory bail to a man booked under the Protection of Children from Sexual Offences Act, 2012 for allegedly making a child record sexual activity between him and the child's mother. As long as the applicant does not contact the victim child and co-operates with the investigation, this Court is inclined to consider granting …

Bombay HC Grants Bail to POCSO Accused Without Prima Facie Sexual Intent
6 months ago

Bombay HC Grants Bail to POCSO Accused Without Prima Facie Sexual Intent

Live Law  

The Bombay High Court recently granted bail to a man booked for allegedly stripping three teenagers, inserting fingers in the anus, abusing them and assaulting them with a leather belt. “After going through the FIR and the allegations made in the FIR against the Applicant coupled with the material collected during investigation, prima facie nothing is brought on record to …

POCSO Act: Karnataka High Court Grants Bail To Youth Accused Citing Chances Of Coming In Contact With Hardcore Criminals In Custody
6 months, 1 week ago

POCSO Act: Karnataka High Court Grants Bail To Youth Accused Citing Chances Of Coming In Contact With Hardcore Criminals In Custody

Live Law  

The Karnataka High Court recently granted bail to a 20-year-old who allegedly, after having chats with a minor girl over Instagram, took her intimate photos, committed sexual assault and started blackmailing the victim and her family members. A single judge bench of Justice M G Uma allowed the bail petition observing that “The petitioner is hardly aged 20 years. If …

Meghalaya High Court Rejects Bail In POCSO Case Despite Trial Delay, Considering Seriousness Of Offence
6 months, 1 week ago

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

Live Law  

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

Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority
7 months, 2 weeks ago

Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority

Live Law  

The Karnataka High Court recently granted bail to a POCSO rape accused after he and the guardian of the minor victim girl filed an affidavit in court agreeing for the accused to marry the victim immediately upon her attaining the age of majority. A single judge bench of Justice Rajendra Badamikar allowed the petition filed by Lokesh Kumar who was …

POCSO Act’s aim cannot be ignored merely because abusers marry minor victims to escape conviction: Supreme Court
7 months, 3 weeks ago

POCSO Act’s aim cannot be ignored merely because abusers marry minor victims to escape conviction: Supreme Court

The Hindu  

The Supreme Court on Thursday said the objective of Protection of Children from Sexual Offences Act could not be ignored merely because child marriages continue, or worse still, abusers marry their minor victims to escape conviction. The High Court had then passed a series of observations in its order “advising” adolescent girls to “control their sexual urges”. During the hearing, …

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

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

Live Law  

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

Man gets seven years jail under POCSO Act
8 months, 4 weeks ago

Man gets seven years jail under POCSO Act

Deccan Chronicle  

Bilaspur, Mar 26 Special Judge Kanwar Chirag Singh on Tuesday sentenced one Salim Hussain, a resident of Himachal's Bilaspur district, to sever years of rigorous imprisonment for raping his minor daughter, officials on Tuesday said. He was convicted and sentenced to undergo seven years imprisonment and pay a fine of Rs 50,000. The accused had raped his daughter when her …

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 …

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

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

Live Law  

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

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

'Extraordinary Circumstance': Madras HC Quashes POCSO Case over Minor's Marriage, Prioritising Well-being of Young Children
10 months, 1 week ago

'Extraordinary Circumstance': Madras HC Quashes POCSO Case over Minor's Marriage, Prioritising Well-being of Young Children

News 18  

The Madras High Court recently quashed a case filed under the Protection of Children from Sexual Offences Act, 2012, and The Prohibition of Child Marriage Act, 2006. Based on that, the case was registered under the provisions of the POCSO Act and the Prohibition of Child Marriage Act, 2006, against the victim’s husband, his father, and the victim’s parents. The …

Rajasthan High Court Quashes POCSO Case On Being Informed Of Victim's Marriage With Accused
10 months, 2 weeks ago

Rajasthan High Court Quashes POCSO Case On Being Informed Of Victim's Marriage With Accused

Live Law  

Recently, Rajasthan High Court decided to rescind criminal proceedings against a POCSO accused, after being informed that the victim/survivor is living a happily married life with the former. Before quashing the rape case ongoing before Jaipur Metropolitan I Special Judge, the single judge bench of Justice Mahendar Kumar Goyal observed that the survivor herself has stated before the court about …

Bombay High Court Grants Bail To POCSO Accused After Finding That Complainant, Advocate Submitted False & Impersonated Affidavit Before Notary
10 months, 3 weeks ago

Bombay High Court Grants Bail To POCSO Accused After Finding That Complainant, Advocate Submitted False & Impersonated Affidavit Before Notary

Live Law  

The Bombay High Court recently granted bail to a man accused of sexually assaulting his daughter after finding that the complainant and her advocate, filed a false affidavit in the case. Prima facie, the conduct of the Respondent No.2 and the conduct of the learned Advocate Rohit Kumar amounts to interference in the administration of justice as false and fabricated …

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, 4 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. …

Man gets 20 years for assaulting minor
11 months, 2 weeks ago

Man gets 20 years for assaulting minor

Deccan Chronicle  

Vijayawada: In a decisive step towards upholding justice, the Guntur Special Pocso Court has sentenced 32-year-old Koteswara Rao to 20 years of rigorous imprisonment for assaulting a minor girl. Judge of the Special Pocso Court, along with a dedicated trial monitoring team overseen by Guntur district SP Arif Hafiz, meticulously pursued the case. They were aided by the instrumental efforts …

POCSO Act | Repeatedly Following, Watching Or Contacting Child With Sexual Intent Amounts To Sexual Harassment : Jharkhand High Court
11 months, 2 weeks ago

POCSO Act | Repeatedly Following, Watching Or Contacting Child With Sexual Intent Amounts To Sexual Harassment : Jharkhand High Court

Live Law  

The Jharkhand High Court has ruled that engaging in persistent acts of following, watching, or contacting a child with sexual intent constitutes sexual harassment under Section 11 of the Protection of Children from Sexual Offences Act, 2012. As such, the act of the present petitioner comes within periphery of section 11 of the POCSO Act, 2012 which amounts sexual harassment …

POCSO Case Initiated Because Engagement Was Called Off: Kerala High Court Quashes Case Upon Noting Subsequent Reconciliation & Marriage Of Parties
11 months, 3 weeks ago

POCSO Case Initiated Because Engagement Was Called Off: Kerala High Court Quashes Case Upon Noting Subsequent Reconciliation & Marriage Of Parties

Live Law  

The Kerala High Court recently quashed proceedings under the Protection of Children from Sexual Offences Act and the Indian Penal Code against a man alleged to have sexually abused the victim. Justice Gopinath P. noted that the allegations against the petitioner accused had been launched following his withdrawal from marriage with the victim, after the engagement ceremony. Justice Gopinath P. …

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

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

Live Law  

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

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