Removing Minor Victim's Pant After She Herself Refuses To, Amounts To Attempt To Commit Rape: Calcutta High Court
2 years, 1 month ago

Removing Minor Victim's Pant After She Herself Refuses To, Amounts To Attempt To Commit Rape: Calcutta High Court

Live Law  

The Calcutta High Court has recently held that removing a minor victim's pants after she refused to do so herself amounts to an attempt to commit the offence of rape. Emphasising that the appellant's act of forcibly removing the minor victim's pants amounts to an attempt to commit the offence of rape, the Court ruled, “.asking the victim to remove her pant and in defiance the appellant himself removing it justifiably signifies an attempt to commit the offence of rape. In this case, the Court noted that the appellant had lured the minor victim by giving her an ice cream. “The appellant who could have been the protector owing to his age conducted such reprehensible act towards the minor victim child, which if accomplished in its entirety would have impacted her life inconsolably to bear the wretched stigma throughout her life”, the Court added.

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History of this topic

Child Abuse Scars Victims & Leads To Long Term Consequences; Early Recognition, Prevention Crucial In Safeguarding Children: Calcutta High Court
11 months, 2 weeks ago

Child Abuse Scars Victims & Leads To Long Term Consequences; Early Recognition, Prevention Crucial In Safeguarding Children: Calcutta High Court

Live Law  

The Calcutta High Court has upheld the conviction of a man under Sections 376 and 511 IPC, for the offence of attempt to rape and Section 354 of the IPC for outraging the modesty of the 10-year-old victim girl. It was the case of the prosecution that the accused groped the minor victim's breasts from behind and hugged her while …

Calcutta High Court says every ‘female adolescent should control sexual urge’
1 year, 5 months ago

Calcutta High Court says every ‘female adolescent should control sexual urge’

The Hindu  

Calling for decriminalisation of consensual sexual acts involving adolescents above 16 years, the Calcutta High Court, in a recent order, suggested that every female adolescent should “control sexual urge/urges” and “protect her right to integrity of her body”. Hearing a case under the Protection of Children from Sexual Offences Act, the court set aside the conviction of the appellant, who …

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

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

Live Law  

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

'Penetration Even Of Slightest Degree Is Necessary To Establish Offence Of Rape': Calcutta HC Modifies Order Of Conviction To 'Attempt To Rape' In Case Concerning 11 Yr Old Girl
3 years, 1 month ago

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

Live Law  

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

Absence Of Injuries On Victim's Body Will Not Render Commission Of Offence Improbable: Calcutta HC Upholds Conviction Of Man For Raping 7 Yr Old Girl
3 years, 1 month ago

Absence Of Injuries On Victim's Body Will Not Render Commission Of Offence Improbable: Calcutta HC Upholds Conviction Of Man For Raping 7 Yr Old Girl

Live Law  

The Calcutta High Court has recently upheld the conviction of a man for raping a 7 year old girl by observing that mere penetration is sufficient to prove the offence of rape and that presence of injuries on the body of the victim is not necessary. A Bench comprising Justices Bivas Pattanayak and Joymalya Bagchi observed, "It has also been …

Impossible for Rape Accused to Gag Victim, Remove Clothes: Bombay HC Judge In News for POCSO Order
4 years, 2 months ago

Impossible for Rape Accused to Gag Victim, Remove Clothes: Bombay HC Judge In News for POCSO Order

News 18  

After her recent controversial order on sexual assault under POCSO, Justice Pushpa Ganediwala of the Nagpur bench of Bombay High Court recently acquitted a rape accused, stating that it seemed “highly impossible for a single man to gag the victim and remove her and his clothes at the same time without any scuffle.” Ganediwala recently acquitted a man accused of …

Bombay High Court judge quashes another POCSO conviction
4 years, 2 months ago

Bombay High Court judge quashes another POCSO conviction

The Hindu  

The Nagpur Bench of the Bombay High Court on Thursday held that “The acts of ‘holding the hands of the prosecutrix’, or ‘opened zip of the pant’ in the opinion of this Court, does not fit in the definition of ‘sexual assault’ ”, and quashed the conviction of a man under the Protection of Children from Sexual Offences Act. He …

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