Mother's Name Mentioned Incorrectly In Marksheet, Age Of Prosecutrix Doubtful: MP High Court Grants Bail In POCSO Case
2 years ago

Mother's Name Mentioned Incorrectly In Marksheet, Age Of Prosecutrix Doubtful: MP High Court Grants Bail In POCSO Case

Live Law  

The Madhya Pradesh High Court, Indore bench recently extended the benefit of bail to an accused in a POCSO case after observing that the age of the Prosecutrix was doubtful, owing to the incorrect name of her mother mentioned in her marksheet. The Bench comprising Justice Pranay Verma further noted that the Prosecutrix in her statement under Section 164 CrPC had categorically stated that she had willingly went away with the Applicant/accused- The prosecutrix is alleged to be a minor and her parents at the time of lodging of the FIR and in 164 Cr.P.C. It was also pointed out that the Prosecutrix in her statement under Section 164 CrPC had clearly stated that she went away with the Applicant on her own will and later got married to him. The Court also noted that in her statement under Section 164 CrPC, she had specifically mentioned that she was not coerced by the Applicant in doing anything and that she willingly went away with the him and later got married.

Court Statement Applicant Her Statement Section 164 Crpc Prosecutrix Mp High Her Marksheet  doubtful  statement  court  164  prosecutrix  applicant  mentioned  mp  high  stated  crpc  willingly  incorrectly  went  pocso  marksheet  mothers  grants

History of this topic

Though Minor, She Understood Consequences Of Her Act & Voluntarily Accompanied Him: Bombay High Court While Granting Bail To POCSO Accused
2 years, 1 month ago

Though Minor, She Understood Consequences Of Her Act & Voluntarily Accompanied Him: Bombay High Court While Granting Bail To POCSO Accused

Live Law  

The Bombay High Court recently granted bail to a man accused of raping a minor girl observing that the two were in a relationship and the girl, though minor, understood the consequences of her act. "It appears that the applicant though minor, was capable of understanding the consequences of her act and she voluntarily accompanied the applicant to her aunt's …

Evidence Of The Victim Can Be Taken To Prove Her Age In Absence Of Necessary Documents: Madras High Court
2 years, 4 months ago

Evidence Of The Victim Can Be Taken To Prove Her Age In Absence Of Necessary Documents: Madras High Court

Live Law  

The Madras High Court recently modified a judgment of conviction under the Protection of Children from Sexual Offences Act to one under the IPC after observing that the prosecution had failed to establish the age of the victim at the time of the offence. The court opined that when the prosecution had not produced the Transfer certificate of the victim …

"Can't Say 15Yr Old Didn't Know Impact Of Her Actions; Went With Man & Gave Birth To Child": MP HC Grants Bail To POCSO Accused
3 years, 3 months ago

"Can't Say 15Yr Old Didn't Know Impact Of Her Actions; Went With Man & Gave Birth To Child": MP HC Grants Bail To POCSO Accused

Live Law  

The Madhya Pradesh High Court recently granted bail to a man booked under the Protection of Children from Sexual Offences Act, 2012 for allegedly raping a 15-year-old girl noting that the Girl, on her own, went with the accused and gave birth to a child as well. "It cannot be said that even though she may be 15 years of …

The Evidence Of Approximate Age Of Prosecutrix Cannot Take The Place Of Proof Of Exact Age: Patna High Court Acquits Accused In POCSO Case
3 years, 5 months ago

The Evidence Of Approximate Age Of Prosecutrix Cannot Take The Place Of Proof Of Exact Age: Patna High Court Acquits Accused In POCSO Case

Live Law  

The evidence of approximate age of the prosecutrix cannot take the place of proof of exact age, the Patna High Court observed while acquitting an accused in a POCSO case.Arjun, the accused, was found guilty of rape of a girl aged about 13 years. The evidence of approximate age of the prosecutrix cannot take the place of proof of exact …

Despite Marrying Willingly A Minor Girl Can't Be Allowed To Stay With Husband Till She Attains Majority: Allahabad High Court
3 years, 10 months ago

Despite Marrying Willingly A Minor Girl Can't Be Allowed To Stay With Husband Till She Attains Majority: Allahabad High Court

Live Law  

The Allahabad High Court recently held that a minor girl cannot be allowed to live in a matrimonial relationship with a man she claims to be her husband, even if she had left her home of her own accord and married the Man out of her own free will. The Bench of Justice J. J. Munir ruled thus while taking …

Special POCSO Court Acquits Rape Accused & Directs Release From Jail Almost After A Year As Prosecutrix States She Never Even Met Him [Read Order]
4 years, 1 month ago

Special POCSO Court Acquits Rape Accused & Directs Release From Jail Almost After A Year As Prosecutrix States She Never Even Met Him [Read Order]

Live Law  

A Special POCSO Court in Mumbai acquitted a 24 years old Nashik resident from the charges of kidnapping and rape and directed his forthwith release from jail, after the prosecutrix stated that she had never met the accused. The prosecutrix denied all allegations recoded under Section 164 of CrPC and informed the Court that she was made to sign on …

Discover Related