Himachal Pradesh High Court Issues Directions To POCSO Courts For Protection Of Identity Of Rape, Sexual Offence Victims
2 years, 3 months ago

Himachal Pradesh High Court Issues Directions To POCSO Courts For Protection Of Identity Of Rape, Sexual Offence Victims

Live Law  

The Himachal Pradesh High Court recently issued certain directions to the Special POCSO Courts so as to ensure that the identity of the child victim shall not be disclosed, at any time, during the course of investigation or trial.The bench of Justice Tarlok Singh Chauhan and Justice Virender Singh issued these directions while dealing with an appeal preferred by the state government against. The Himachal Pradesh High Court recently issued certain directions to the Special POCSO Courts so as to ensure that the identity of the child victim shall not be disclosed, at any time, during the course of investigation or trial. In such a situation, the Court went ahead to issue the following directions:- Every effort should be made by the Special Judge, as well as, by the police, to ensure that during the course of investigation or trial, the identity of the child victim shall not be disclosed, unless it is in the interest of the child. That is why, certain duties have been cast upon the Special Courts to ensure that the identity of the child victim shall not be disclosed, at any time, during the course of investigation or trial," the Court further remarked.

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History of this topic

POCSO case against BSY: Victim’s brother releases video seeking speedy justice
2 days, 19 hours ago

POCSO case against BSY: Victim’s brother releases video seeking speedy justice

The Hindu  

Upset over the case related to the petition of former Chief Minister B.S. Yediyurappa to quash the chargesheet against him under provisions of the Protection of Children from Sexual Offences Act, 2012, dragging on for eight months now, the victim’s elder brother has appealed to Chief Minister Siddaramaiah to take steps to ensure speedy justice. Under CID probe In March …

Failure To Report POCSO Offences Not An Exception To Sanction For Prosecuting Public Servants U/S 197 CrPC Or U/S 218 BNSS: Kerala HC
3 days, 2 hours ago

Failure To Report POCSO Offences Not An Exception To Sanction For Prosecuting Public Servants U/S 197 CrPC Or U/S 218 BNSS: Kerala HC

Live Law  

“ Section 197 of the Cr.PC and Section 218 of the BNSS are intended to operate as a safeguard against public servants from being dragged into vexatious proceedings for having discharged their official duties. In doing so the court observed that Section 197 CrPC/Section 218 BNSS are meant to safeguard the public servants from being dragged into vexatious proceedings while …

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC
4 days, 2 hours ago

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court has observed that after setting the criminal machinery into motion, the complainant's role ends, and the complainant or the child victim has no locus standing to file the petition for quashing a POCSO Case, that too, in the name of saving the family's honour. At the outset, the Court opined that the complainant's role ends …

Case Transferred To POCSO Court After 8-Yrs Trial: Gujarat HC Says Police, Prosecution & Trial Court Prima Facie Failed In Discharging Duty
4 days, 22 hours 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 …

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 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 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 …

Rise In Sexual Offences Against Children Serious: Madhya Pradesh HC Initiates Suo Motu PIL, Questions Centre/State On POCSO Act Implementation
3 weeks, 2 days ago

Rise In Sexual Offences Against Children Serious: Madhya Pradesh HC Initiates Suo Motu PIL, Questions Centre/State On POCSO Act Implementation

Live Law  

Taking into account the "substantial growth of sexual offences against children below the age of 18 years" in the state, the Jabalpur bench of the Madhya Pradesh has initiated a suo-moto PIL to enquire from the Central as well as the State Governments as to what steps have been taken on the implementation of the POCSO Act. The court further …

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court
3 weeks, 3 days 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 Being Enacted Subsequently Will Prevail Over SC/ST Act In Case Of Conflict: Punjab & Haryana High Court
3 weeks, 6 days ago

POCSO Act Being Enacted Subsequently Will Prevail Over SC/ST Act In Case Of Conflict: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has reiterated if there is a conflict between the provisions of POCSO Act and the Scheduled Castes and the Scheduled Tribes Act, then provisions of the POCSO Act will be applicable as it was enacted subsequently. It also reaffirmed that a regular bail plea moved in a case registered under the provisions of the …

[POCSO Act] Quashing Of Serious Offence To Efface Evidence Already Recorded Cannot Be Done Even At Instance Of Survivor: Kerala High Court
3 weeks, 6 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 …

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

Headmaster Guardian Of Entire School, Must Immediately Intimate Authorities Of Incidents Under POCSO Act: Madras HC Refuses To Quash Proceedings
1 month ago

Headmaster Guardian Of Entire School, Must Immediately Intimate Authorities Of Incidents Under POCSO Act: Madras HC Refuses To Quash Proceedings

Live Law  

While refusing to set aside the criminal proceedings initiated against a school headmaster, the Madras High Court emphasised that the Headmaster was the guardian of the entire school and was expected to report any instances under the Protection of Children from Sexual Offences Act. If any incident covered under POCSO Act has taken place, the same has to be immediately …

Karnataka HC To Consider Whether POCSO Act Is Gender Neutral Or Not, Stays Proceedings Against Woman Accused Of Sexually Assaulting Minor
1 month, 2 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
1 month, 2 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 …

Actress who accused Malayalam star Mukesh of rape withdraws complaint, says no 'support and protection from government'
Trending News
1 month, 2 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 RI in POCSO case in Bahraich
1 month, 3 weeks 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 …

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

Add POCSO charges to Jaynagar child murder and rape case, Calcutta HC tells police
3 months ago

Add POCSO charges to Jaynagar child murder and rape case, Calcutta HC tells police

The Hindu  

The Calcutta High Court on Sunday expressed concerns that charges under the Protection of Children from Sexual Offences Act have not been included in the investigation of the alleged rape and murder of a nine-year-old girl at Jaynagar. Justice Tirthankar Ghosh directed the police to immediately add the relevant POCSO Sections to the case and transfer the records to the …

Arunachal rape-molestation case: Death sentence for prime accused, 20 years RI for two others
3 months, 2 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 High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel
3 months, 4 weeks 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 …

Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC
4 months 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, …

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request
4 months, 1 week ago

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request

The Hindu  

The High Court of Karnataka, on the request made by the Special Public Prosecutor, on Friday adjourned till September 5 further hearing on the petition filed by former Chief Minister B.S. “If Mr. Yediyurappa is destined to go to jail he will, I am ready to argue the case,” said Mr. Nagesh while pointing out that on the one hand, …

POCSO Act | Child Victim Of Traumatic Sexual Assault Must Not Be Repeatedly Called To Testify In Court : Supreme Court
4 months, 2 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 …

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

[S. 33(2) POCSO Act] Mode Of Examination Through Intermediary Remains Unchanged Even If Victim Attains Majority During Trial: Kerala HC
5 months, 1 week 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, 2 weeks 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 …

POCSO Act | Showing Private Parts, Dirty Movies To A Child Is Prima Facie 'Sexual Harassment': Uttarakhand High Court
5 months, 3 weeks 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: Karnataka High Court Exempts Former Chief Minister BS Yediyurappa From Personal Appearance Before Trial Court On July 15
5 months, 4 weeks ago

POCSO Case: Karnataka High Court Exempts Former Chief Minister BS Yediyurappa From Personal Appearance Before Trial Court On July 15

Live Law  

The Karnataka High Court on Friday adjourned to July 26, hearing of a petition filed by former Chief Minister BY Yediyurappa seeking to quash a POCSO case registered against him. Ld judge of court below is requested to grant exemption for the day, on the next date of hearing till any other day, till this matter is taken up for …

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

Yediyurappa may be arrested in POCSO case, if necessary, says Karnataka Minister
6 months, 4 weeks ago

Yediyurappa may be arrested in POCSO case, if necessary, says Karnataka Minister

Hindustan Times  

Karnataka Home Minister G Parameshwara on Thursday said the Criminal Investigation Department, probing the Protection of Children from Sexual Offences Act case against former Chief Minister B S Yediyurappa, has issued notice asking him to appear before it for questioning, and he may be arrested if necessary. Yediyurappa may be arrested in POCSO case, if necessary, says Karnataka Minister "Notice …

CID serves notice on Yediyurappa in POCSO case
6 months, 4 weeks ago

CID serves notice on Yediyurappa in POCSO case

The Hindu  

The Criminal Investigation Department probing Protection of Children from Sexual Offences Act case registered against former Chief Minister B.S. Meanwhile, the government has appointed Special Public Prosecutor Ashok H. Nayak to represent the CID in the case. A senior police officer who is part of the investigation said Mr. Yediyurappa was not in Bengaluru when the notice was served. The …

[S. 33(5) POCSO Act] Child Witness Cannot Be Recalled To Fill Up Lacuna And Omission In Evidence Of Accused: Kerala High Court
7 months, 2 weeks ago

[S. 33(5) POCSO Act] Child Witness Cannot Be Recalled To Fill Up Lacuna And Omission In Evidence Of Accused: Kerala High Court

Live Law  

The Kerala High Court held that a child witness cannot be recalled for cross-examination by the accused to fill the lacuna or omission in their case as per Section 33 of the Protection of Children from Sexual Offences Act, 2012. However, in such cases, it should be established that such recalling is absolutely necessary for the just decision of the …

Media should not publish details that identify minor sexual assault victims: Judge
7 months, 2 weeks ago

Media should not publish details that identify minor sexual assault victims: Judge

The Hindu  

Media organisations can be booked if they publish any details leading to identification of minor sexual assault victims, said Udupi Fast Track Sessions Court-1 Judge Shrinivasa Suvarna in Udupi on Tuesday. Speaking a workshop on the ‘POCSO Act and Media’ organised by Udupi Union of Working Journalists, Mr. Suvarna said the Protection of Children from Sexual Offences Act provides special …

Former Karnataka CM BS Yediyurappa booked under POCSO for alleged sexual assault of minor
9 months, 3 weeks ago

Former Karnataka CM BS Yediyurappa booked under POCSO for alleged sexual assault of minor

New Indian Express  

BENGALURU: Senior BJP leader and former chief minister BS Yediyurappa, who is 81 years old, has been booked under the Protection of Children from Sexual Offences Act after a complaint was filed by the mother of a 17-year-old girl. While the state government referred the case to the Criminal Investigation Department, Yediyurappa termed the allegations baseless and said he is …

Ex- CM Booked Under POCSO in Karnataka
9 months, 3 weeks ago

Ex- CM Booked Under POCSO in Karnataka

Deccan Chronicle  

Bengaluru: Bharatiya Janata Party leader and former Chief Minister B.S. Yediyurappa has been booked under Prevention of Children from Sexual Offences Act, 2012 at Sadashivanagar police station in Bengaluru city on Thursday evening after a woman alleged that the BJP leader allegedly indulged in sexual assault on her minor daughter. According to the victim’s mother, she took her daughter to …

Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor
9 months, 3 weeks 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, 3 weeks 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
10 months, 1 week 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 …

[POCSO Act] Mandatory For Any Person Having Knowledge Of Offence To Inform Police Authorities: Punjab & Haryana High Court
10 months, 1 week ago

[POCSO Act] Mandatory For Any Person Having Knowledge Of Offence To Inform Police Authorities: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that any person knowing about the commission of an offence against a child under the Protection of Children from Sexual Offences Act must inform the police or Special Juvenile Police Unit irrespective of whether the concerned person is a parent of the child or friend.The Court was hearing a plea …

POCSO Act | Scholar Register Sufficient To Determine Victim's Age, Prosecution Testimonies Can't Be Disregarded For Trivial Contradictions: MP High Court
11 months, 2 weeks ago

POCSO Act | Scholar Register Sufficient To Determine Victim's Age, Prosecution Testimonies Can't Be Disregarded For Trivial Contradictions: MP High Court

Live Law  

Recently, Madhya Pradesh High Court has underscored that a school admission register/ scholar register is a valid document that can be relied upon for determining the age of a survivor concerning a POCSO offence. The single-judge bench of Justice Prem Narayan Singh, while rendering the judgement, referred to the landmark judgment in Jarnail Singh v. State of Haryana, 7 SCC …

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
11 months, 2 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. …

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

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

Madhya Pradesh High Court Asks State Govt To Take Measures To Publicise POCSO Act Provisions As Per Mandate Of S. 43
1 year ago

Madhya Pradesh High Court Asks State Govt To Take Measures To Publicise POCSO Act Provisions As Per Mandate Of S. 43

Live Law  

Recently, while allowing a second bail application filed by an accused in a POCSO case, Madhya Pradesh High Court directed the Government Advocate to bring Section 43 of the POCSO Act, 2012 to the notice of the state government for compliance. The single-judge bench of Justice Vishal Dhagat gave the above direction after the counsel for the accused/applicant drew the …

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim
1 year, 1 month ago

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim

Live Law  

Basing the proof of charge on solitary, unblemished testimony of the victim, the Punjab & Haryana High Court upheld conviction and life imprisonment of a man for committing rape upon a 13-year old girl in Haryana. The Division Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari rejected the contention that testimony of the victim lost credibility because her mother …

Pocso court disposes of 20 cases in 2 months, convicts 8 accused
1 year, 1 month ago

Pocso court disposes of 20 cases in 2 months, convicts 8 accused

Deccan Chronicle  

Visakhapatnam: In a remarkable display of efficiency and commitment to justice, the special court for Pocso cases in Vizianagaram district has disposed of 20 cases in a span of just two months. The court has also convicted eight accused persons, sending a strong message to those who perpetrate crimes against minor girls. The court's swift action has been lauded by …

Gauhati High Court Overturns POCSO Conviction Citing Victim's "Sketchy" Evidence, Says No Proof Of Sexual Assault Detected In Medical Exam
1 year, 3 months ago

Gauhati High Court Overturns POCSO Conviction Citing Victim's "Sketchy" Evidence, Says No Proof Of Sexual Assault Detected In Medical Exam

Live Law  

The Gauhati High Court recently set aside a conviction under the POCSO Act, holding that the statements of the victim were contradictory and no evidence of sexual assault was detected by the medical officer who examined the victim. The Court observed that the victim’s claim of sexual assault is not substantiated by the evidence of the Medical Officer as no …

S.34(2) POCSO Act Mandatory, Trial Court Bound To Determine Victim's Age When Issue Raised By Accused: Patna High Court
1 year, 3 months ago

S.34(2) POCSO Act Mandatory, Trial Court Bound To Determine Victim's Age When Issue Raised By Accused: Patna High Court

Live Law  

The Patna High Court has overturned conviction in a case involving sexual offenses against a minor due to the failure of the trial court to determine the victim's age, after an issue in that regard was raised by the accused. The Court emphasized that it is the trial court's duty to ascertain the age of the victim, especially when it …

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