SC Grants Bail To Octogenarian After DNA Reports Showed That He Is Not The Father Of Rape Victim's Child [Read Order]
4 years, 4 months ago

SC Grants Bail To Octogenarian After DNA Reports Showed That He Is Not The Father Of Rape Victim's Child [Read Order]

Live Law  

The Supreme Court granted bail to an octogenarian rape accused after noticing that the DNA report showed that he is not the father of the child born to the rape victim.The man was booked under Protection of Children from Sexual Offences Act, for allegedly raping a minor. The Supreme Court granted bail to an octogenarian rape accused after noticing that the DNA report showed that he is not the father of the child born to the rape victim. Last month, when the matter came up before the Supreme, Senior Advocate Kapil Sibal, who appeared for the man, submitted that the accused is aged 84, and he is incapable of sexual activities.He reiterated that the accused is willing to undergo DNA Test and prayed for his release from jail. Today, when the matter came up for further consideration, the bench comprising Justices Sanjay Kishan Kaul and Ajay Rastogi, taking note of the DNA report, observed: Learned senior counsel for the appellant has a copy of the same and both the learned counsel are ad-idem on the fact that the DNA report does not show that the appellant is a father of the child born.

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History of this topic

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court
1 week ago

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court

Live Law  

Affirming the importance of victim participation in criminal proceedings, the Supreme Court recently canceled the bail granted to a person accused of serious offences where the bail proceedings were conducted in the absence of the victim. The bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma heard the criminal appeal filed by a victim against the Allahabad High Court's …

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC
2 weeks, 1 day ago

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC

Live Law  

The Calcutta High Court has granted bail to a man being investigated by the Enforcement Directorate under the PMLA for allegedly running a fake call centre and promising services to victims in exchange for money, which were never delivered. Seeking release of the petitioner on bail, learned counsel for the petitioner submitted that by virtue of a leave and licence …

Accused Claiming "Non-Access" To Rape Victim Can Seek Paternity Test To Prove His Claim: Calcutta High Court
3 weeks ago

Accused Claiming "Non-Access" To Rape Victim Can Seek Paternity Test To Prove His Claim: Calcutta High Court

Live Law  

The Calcutta High Court has allowed an accused in a rape case to undergo a paternity test in order to prove his claim that he had "non-access" to the alleged victim who claimed to have been raped by him and subsequently become pregnant.Justice Shampa Paul relied on the Supreme Court case of Dipanwita Roy vs. Ronobroto Roy and held:"In the …

Kerala High Court denies bail to cop accused of raping minor Dalit girl
1 month ago

Kerala High Court denies bail to cop accused of raping minor Dalit girl

India Today  

The Kerala High Court denied bail to a police officer, accused of raping a 14-year-old school girl two years ago on Children’s Day, saying he committed a “heinous offence”. The judge, Justice K Babu, denied the bail petition of the officer, who at the time of the rape was a Student Police Cadet instructor at the victim’s school. In his …

Punjab & Haryana HC Declines Pre-Arrest Bail To Mother Booked Under POCSO For Forcing 2-Yrs Old Son Into Sexual Activities With Paramour
1 month, 1 week ago

Punjab & Haryana HC Declines Pre-Arrest Bail To Mother Booked Under POCSO For Forcing 2-Yrs Old Son Into Sexual Activities With Paramour

Live Law  

The Punjab and Haryana High Court has refused to grant pre-arrest bail to a mother who was accused of sexually abusing her 2 years old son with her alleged paramour, observing that the role of a mother is of care and nurturing the child and any deviation from this standard especially in a manner that harms one's own child, invites …

'Forcing Daughter-In-Law Into Sexual Relationship Is Remarkably Depraved': P&H HC Denies Pre-Arrest Bail To Father-In-Law
1 month, 1 week ago

'Forcing Daughter-In-Law Into Sexual Relationship Is Remarkably Depraved': P&H HC Denies Pre-Arrest Bail To Father-In-Law

Live Law  

The Punjab & Haryana High Court has refused to grant anticipatory bail to a man who was accused of sexually harassing his daughter-in-law, observing that the severity of the allegations levelled against him, granting a protective order could hinder the ability of the investigating agency to unravel the entire truth.Justice Sumeet Goel said, "The decorum and dignity of this bond …

HC refuses bail to wife of suspended govt. officer in minor rape case
3 months, 2 weeks ago

HC refuses bail to wife of suspended govt. officer in minor rape case

The Hindu  

The Delhi High Court on Friday refused bail to the wife of suspended Delhi government officer Premoday Khakha, who allegedly raped a minor girl several times and impregnated her. The court dismissed the bail application of Seema Rani Khakha, noting the case “strikes at the root of trust between two families” and the possibility of influencing witnesses can’t be ruled …

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] 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 …

"Members Of LGBTQ+ Community Vulnerable Within Jail": Bombay High Court Grants Bail To Man Accused Of Trafficking Child
5 months, 3 weeks ago

"Members Of LGBTQ+ Community Vulnerable Within Jail": Bombay High Court Grants Bail To Man Accused Of Trafficking Child

Live Law  

The Bombay High Court recently granted bail to a man belonging to the LGBTQ+ community booked for trafficking a one year and seven months old child observing that members of the community are vulnerable within prison. Justice Manish Pitale allowed his bail application observing – “This Court is of the opinion that a person belonging to the LGBTQ+ community, who …

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 …

Karnataka High Court grants man accused of rape 15-day bail to marry survivor who turned 18
6 months ago

Karnataka High Court grants man accused of rape 15-day bail to marry survivor who turned 18

Deccan Chronicle  

Bengaluru: The Karnataka High Court has granted a 23-year-old man charged with the rape of a girl when she was 16 years and nine months of age, 15-day bail to marry her. Justice M Nagaprasanna issued the interim order dated last Saturday in response to a petition from the accused, seeking to dismiss the charges as both families wish 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 …

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape
6 months, 3 weeks ago

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape

Live Law  

The Jammu and Kashmir and Ladakh High Court has granted bail to two men accused of gangrape, observing that the initial complaint in the First Information Report can be elaborated upon by the informant, but this cannot be used to introduce new accusations or entirely new offenses against the accused. Spotlighting the distinction between elaboration and improvisation with respect to …

UP Amendment To S. 438 CrPC Doesn't Bar Grant Of Anticipatory Bail To Accused Booked U/S 376(3) IPC: Allahabad HC
7 months, 1 week ago

UP Amendment To S. 438 CrPC Doesn't Bar Grant Of Anticipatory Bail To Accused Booked U/S 376(3) IPC: Allahabad HC

Live Law  

The Allahabad High Court has held that the Criminal Procedure Code Act, 2018 which revived the provision of anticipatory bail in the State, doesn't bar the grant of PRE-ARREST BAIL to an accused booked for an offence under subsection of Section 376 IPC. On the other hand, the state's counsel contending raised a preliminary objection that sub-section of Section 438 …

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 …

Minor's Sexual Assault Case: SC Refuses Bail To Wife Of Suspended Delhi Govt Officer
7 months, 3 weeks ago

Minor's Sexual Assault Case: SC Refuses Bail To Wife Of Suspended Delhi Govt Officer

News 18  

The Supreme Court on Thursday refused to grant bail to the wife of suspended Delhi government officer Premoday Khakha, who allegedly raped a minor girl several times and impregnated her. A bench of justices C T Ravikumar and S V N Bhatti dismissed the plea of the official’s wife Seema Rani and said it was not inclined to interfere with …

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court
7 months, 3 weeks ago

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court

Live Law  

While denying bail to a man accused of murdering a person belonging to the marginalized community, the Madras High Court has stressed that while considering bail applications in connection with offenses under the SC/ST Act, the courts should refrain from granting bail merely based on period of detention. Selvakumar argued that the Special Court had granted bail to the co-accused …

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers
8 months, 1 week ago

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers

Live Law  

Expressing concern about a situation where the identity of a rape victim was disclosed during investigation and trial, Rajasthan High Court has proposed an exercise of sensitization for the police officers and judicial officers to ensure that such instances do not repeat. “In this background, the court feels that an exercise of sensitization of the police officers and judicial officers …

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 …

Minor's Rape Case: High Court Denies Default Bail To Delhi Govt's Suspended Women & Child Department Officer, Wife
9 months, 4 weeks ago

Minor's Rape Case: High Court Denies Default Bail To Delhi Govt's Suspended Women & Child Department Officer, Wife

Live Law  

The Delhi High Court on Monday denied default bail to Delhi Government's suspended Women and Child Development Department officer Premoday Khakha, accused of raping a minor girl over several months and impregnating her. Court also denied relief to Khakha's wife.Justice Jyoti Singh rejected the pleas moved by Khakha and his wife seeking default bail under Section 167 of Code of. …

Bombay High Court Cancels Bail Granted By Sessions Court To Man Accused Of Defaming Minor Girl With Obscene Photos
9 months, 4 weeks ago

Bombay High Court Cancels Bail Granted By Sessions Court To Man Accused Of Defaming Minor Girl With Obscene Photos

Live Law  

The Bombay High Court cancelled the bail granted by Sessions Court to a man accused of extorting and defaming a child with obscene photos after finding that he had obtained bail from sessions court during the pendency of his bail application before the HC. Justice PK Chavan noted that in the accused obtained bail from Sessions Court, Pune despite claiming …

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. …

'No Mens Rea': Kerala HC Grants Pre-Arrest Bail To Headmistress Booked Under SC/ST Act For Cutting Tribal Student's Hair During Assembly
11 months ago

'No Mens Rea': Kerala HC Grants Pre-Arrest Bail To Headmistress Booked Under SC/ST Act For Cutting Tribal Student's Hair During Assembly

Live Law  

The Kerala High Court has granted anticipatory bail to the headmistress of a school who was booked for offences under the Scheduled Castes and the Scheduled Tribes Act and Juvenile Justice Act for cutting the hair of the victim student, who belonged to the Scheduled Tribe community, during the school assembly which was allegedly derogatory and affected his dignity. Therefore, …

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim
1 year 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 Act Prevails Over SC-ST Act, Anticipatory Bail Plea U/S 438 CrPC Maintainable Where Accused Charged Under Both: Allahabad HC
1 year, 2 months ago

POCSO Act Prevails Over SC-ST Act, Anticipatory Bail Plea U/S 438 CrPC Maintainable Where Accused Charged Under Both: Allahabad HC

Live Law  

The Allahabad High Court has held that where an accused has been booked under the POCSO Act as well as the SC/ST Act, the provision of the former will prevail over the latter and an anticipatory bail plea moved by such accused would be maintainable. Act and Section 438 CrPC contending that anticipatory bail application is not maintainable as an …

Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation
1 year, 2 months ago

Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation

Live Law  

The Calcutta High Court has refused to grant bail to the petitioners, accused of gang-rape by the victim who alleged that she was attacked at the birthday party of one of the accused. Earlier, a division-bench of Justice Joymalya Bagchi and Justice Gaurang Kanth had taken serious exception to the police’s actions in harassing the victim, and the petitioner’s attempts …

Bombay High Court grants bail to Kolhapur man accused of raping minor girl
1 year, 2 months ago

Bombay High Court grants bail to Kolhapur man accused of raping minor girl

India Today  

The Bombay High Court on Monday granted bail to a Kolhapur man, who eloped with a minor girl, but left her when she got pregnant and eloped with another girl. The High Court also directed a special court under the Protection of Children from Sexual Offences Act in Pune to record the statement of the victim at the earliest. A …

Unnao Rape Case: Delhi High Court Grants Bail To Ex-UP Police Officers Convicted For Custodial Death Of Survivor’s Father
1 year, 3 months ago

Unnao Rape Case: Delhi High Court Grants Bail To Ex-UP Police Officers Convicted For Custodial Death Of Survivor’s Father

Live Law  

The Delhi High Court on Friday granted bail to two former-Uttar Pradesh Police officers who were convicted in the case involving the custodial death of the Unnao rape survivor’s father. Ashok Singh Bhadauria and Kamta Prasad Singh were convicted by the Trial Court on 04.03.2020, along with co-accused Kuldeep Singh Sengar and 3 others, for several offences including criminal conspiracy …

Bombay High Court grants custody of child to father arrested for 'rape' of mother
1 year, 3 months ago

Bombay High Court grants custody of child to father arrested for 'rape' of mother

India Today  

The Bombay High Court on Friday granted the custody of a child to its biological father who was arrested on rape charges made by the mother. The bench of Justices Revati Mohite-Dere and Gauri Godse were hearing the father's plea against a decision made by the Maharashtra Child Welfare Committee to put the child up for adoption. In his plea, …

Delhi High Court Directs Registrar To Seek Explanation From Trial Court Judge For Passing Non-Reasoned Order Granting Bail To POCSO Accused
1 year, 3 months ago

Delhi High Court Directs Registrar To Seek Explanation From Trial Court Judge For Passing Non-Reasoned Order Granting Bail To POCSO Accused

Live Law  

The Delhi High Court has directed its Registrar to seek an explanation from a trial court judge for passing a “non-reasoned” order granting bail to a POCSO accused. “The Registrar of this Court is directed to seek explanation on the administrative side from the concerned Judge, as to the reasons for passing the non-reasoned impugned order, report whereof shall. “The …

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old
1 year, 4 months ago

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old

Live Law  

A plea has been moved in the Kerala High Court against the grant of anticipatory bail to a 57 years old man accused of sexually assaulting a minor aged 7 years. The Sessions Judge vide, its Order dated August 3, 2023, granted anticipatory bail to the accused on noting the delay caused in the registration of the case and that …

Gauhati High Court 'Shocked' By Bail Granted To Hostel Warden Accused Of Sexually Abusing 21 Children; Suo Motu Cancels Bail
1 year, 5 months ago

Gauhati High Court 'Shocked' By Bail Granted To Hostel Warden Accused Of Sexually Abusing 21 Children; Suo Motu Cancels Bail

Live Law  

The Gauhati High Court on Friday, suo moto cancelled the bail granted by the trial court to the Hostel Warden of a Government Residential School in Arunachal Pradesh who is alleged to have sexually assaulted 21 children, aged 6 to 12 years from 2019 to 2022. The Court took registered suo moto cancellation of bail application on the basis of …

Bombay High Court denies minor rape victim permission to abort 28-week-old fetus
1 year, 5 months ago

Bombay High Court denies minor rape victim permission to abort 28-week-old fetus

India Today  

The Aurangabad bench of the Bombay High Court on Monday refused to permit a 15-year-old rape victim to abort her 28-week pregnancy as doctors have opined the baby would be born alive even if forcible delivery is performed at this stage. The high court bench expressed concerns that a forced delivery could result in the birth of an underdeveloped child …

Pre-Arrest Bail Plea Though Barred For Offence U/S 376(3) IPC May Be Considered If Material Does Not Prima Facie Attract Offence: Kerala High Court
1 year, 6 months ago

Pre-Arrest Bail Plea Though Barred For Offence U/S 376(3) IPC May Be Considered If Material Does Not Prima Facie Attract Offence: Kerala High Court

Live Law  

The Kerala High Court recently dismissed the anticipatory bail application filed by a father accused of sexually abusing his minor daughter.A single bench of Justice Ziyad Rahman observed that as per Section 438 of the Criminal Procedure Code, there is a specific bar against entertaining an application for anticipatory bail where offences Section 376 or section 376AB or section 376DA. …

When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case
1 year, 6 months ago

When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case

Live Law  

Granting bail to an accused in a POCSO case, the Jammu and Kashmir and Ladakh High Court has said that simply because the prosecutrix keeps herself away from appearing in court, the plea for bail cannot be deferred indefinitely. The accused was arrested in April 2020 and his first bail application was rejected by the trial court on the ground …

Can’t Deny Bail to POCSO Accused If Victim Refuses to Testify: Jammu & Kashmir and Ladakh HC
1 year, 6 months ago

Can’t Deny Bail to POCSO Accused If Victim Refuses to Testify: Jammu & Kashmir and Ladakh HC

News 18  

The High Court of Jammu & Kashmir and Ladakh recently ruled that a victim’s refusal to testify in court under Protection of Children from Sexual Offences Act was sufficient to grant bail to the accused. The Single Judge Bench of Justice Sanjay Dhar held, “Consideration of the bail petition could not be postponed indefinitely simply because the victim refused to …

Calcutta High Court Seeks Explanation From Police Why Person Accused Of Threatening Alleged Gang-Rape Victim Released "Promptly"
1 year, 7 months ago

Calcutta High Court Seeks Explanation From Police Why Person Accused Of Threatening Alleged Gang-Rape Victim Released "Promptly"

Live Law  

The Calcutta High Court has expressed dismay at the action of Police authorities in "promptly releasing" a person, accused of threatening the victim of alleged gang rape case of Vedic Village in Rajarghat to withdraw her case. The division bench of Justice Ajay Kumar Gupta and Justice Joymalya Bagchi has directed the Officer-in-Charge of the concerned Police Station to appear …

Bombay HC grants interim bail to 20-year-old student accused of raping schoolmate
1 year, 8 months ago

Bombay HC grants interim bail to 20-year-old student accused of raping schoolmate

India Today  

Considering that age of an accused in the Protection Of Children from Sexual Offences Act, the Bombay high court granted interim bail to a 20-year-old student who was charged with raping his schoolmate. The bench of Justice Anuja Prabhudessai went through the FIR and noted "prima facie reveals that the accused and the victim were studying in the same school …

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- …

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 …

Karnataka High Court Denies Bail To Man In POCSO Case, Says Minor Girl’s Statement On Consent Can’t Be Taken As Gospel Truth While Deciding Bail Plea
1 year, 8 months ago

Karnataka High Court Denies Bail To Man In POCSO Case, Says Minor Girl’s Statement On Consent Can’t Be Taken As Gospel Truth While Deciding Bail Plea

Live Law  

The Karnataka High Court has refused bail to an accused in a case under the Protection of Children from Sexual Offence Act, who claimed that the victim minor girl was a consenting party and that there was absence of element of force. Justice V Srishananda said the "consent, if any, of the victim girl for the penetrative sexual assault said …

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 …

Kerala High Court Grants Bail To POCSO Accused, Doubts Fabrication Of Prosecution Case
1 year, 9 months ago

Kerala High Court Grants Bail To POCSO Accused, Doubts Fabrication Of Prosecution Case

Live Law  

The Kerala High Court on Wednesday granted bail to a person accused of offence under the Protection of Children from Sexual Offences Act, on doubting the veracity of the prosecution version. Justice Kauser Edappagath took note that the victim in the case had given a complaint to the police for the first time after more than five years after the …

'Someone’s Liberty Is At Stake': Kerala High Court Advises Caution While Considering Bail In POCSO Case Against Parent Litigating Child's Custody
1 year, 9 months ago

'Someone’s Liberty Is At Stake': Kerala High Court Advises Caution While Considering Bail In POCSO Case Against Parent Litigating Child's Custody

Live Law  

The Kerala High Court on Tuesday held that while considering bail applications related to offences under the POCSO Act that involve allegations of child abuse by a parent, courts should approach the matter with great care, especially when there is litigation between parents over the custody of the child. A single bench of Justice Ziyad Rahman while allowing a bail …

Dramatic scenes outside Bombay High Court during custody battle of an 11-year-old boy
1 year, 9 months ago

Dramatic scenes outside Bombay High Court during custody battle of an 11-year-old boy

India Today  

Around 3 pm, a sharp cry for help rang out inside the Bombay High Court where a boy was literally picked up by a man while the child struggled to wriggle out of his grip. READ | Bombay HC grants bail to MCOCA accused languishing in prison without trial for 5 yrs The Bombay High Court and then the Supreme …

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court
1 year, 10 months ago

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court

Live Law  

The Kerala High Court recently held that a person accused of offences punishable under the Scheduled Castes and the Scheduled Tribes Act, 1989 cannot directly approach the High Court seeking bail. On dealing with the question of whether the fresh bail application can be entertained, the court observed as thus: As per Section 14-A, it has been specifically provided that, …

SC seeks Centre's response on pleas seeking criminalisation of marital rape
1 year, 11 months ago

SC seeks Centre's response on pleas seeking criminalisation of marital rape

India Today  

The Supreme Court on Monday sought a response from the Centre on a batch of petitions pertaining to criminalisation of marital rape. One of pleas has been filed in relation to the Delhi High Court's split verdict on the issue.This appeal has been filed by Khushboo Saifi, one of the petitioners before the Delhi High Court. While Justice Shakdher, who …

Delhi High Court Protects Unnao Rape Survivor From Coercive Action In Case Alleging DoB Forgery
1 year, 11 months ago

Delhi High Court Protects Unnao Rape Survivor From Coercive Action In Case Alleging DoB Forgery

Live Law  

The Delhi High Court has directed that no precipitate action be taken against Unnao rape survivor in an FIR registered by husband of an accused, alleging that the victim and her mother had forged the date on her birth certificate for invoking offences under POCSO Act.Justice Anup Jairam Bhambhani issued notice in the anticipatory bail plea moved by the victim …

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