[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 interim protection.” The case against the applicant was registered at Police Station Uran, Navi Mumbai, and involves charges under Sections 34 of the IPC and Sections 11, 11, 11, and 12 of the POCSO Act. This was initially observed by the Sessions Court, which granted regular bail to the applicant in another FIR registered by the child's mother for various offenses, including rape. Considering the peculiar facts and the role of the victim's mother, the court decided to grant interim protection to the applicant till the next date of hearing.

Court Victim Child Applicant Mother Fir Interim Bail Interim Protection  childs  sexual  applicant  victim  mother  making  interim  bail  high  grants  child  fir  court  record  relief  man  pocso

History of this topic

[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 …

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 …

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 …

"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 …

Prajwal Revanna sexual assault | Karnataka HC grants anticipatory bail to Bhavani Revanna
6 months ago

Prajwal Revanna sexual assault | Karnataka HC grants anticipatory bail to Bhavani Revanna

The Hindu  

In a relief to Bhavani Revanna, mother of rape-accused Prajwal Revanna, former MP, the High Court of Karnataka granted regular anticipatory bail in the case of alleged abduction of one of the victims of her son’s sexual assaults. On the argument of the Special Public Prosecutor of the Special Investigation Team that the SIT needs Ms. Bhavani for custodial interrogation …

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 …

Pre-Trial Detention May Cause Serious Stigma On Person's Character: Karnataka HC Grants Pre-Arrest Bail To National Hockey Player In POCSO Case
8 months ago

Pre-Trial Detention May Cause Serious Stigma On Person's Character: Karnataka HC Grants Pre-Arrest Bail To National Hockey Player In POCSO Case

Live Law  

The Karnataka High Court recently granted anticipatory bail to a national-level hockey player who is charged with offences punishable under Protection of Children From Sexual Offences Act, on the allegation of rape on false pretext of marriage. A single judge bench of Justice Rajendra Badamikar allowed the application filed by the accused and said, “Right of Freedom is a fundamental …

Ex- CM Booked Under POCSO in Karnataka
9 months, 1 week 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, 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 …

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 …

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. …

Bombay High Court Grants Interim Protection From Arrest To Two Women Accused Of Cheating Actor Vivek Oberoi
11 months, 1 week ago

Bombay High Court Grants Interim Protection From Arrest To Two Women Accused Of Cheating Actor Vivek Oberoi

Live Law  

The Bombay High Court has granted interim anticipatory bail to two women accused in an alleged cheating case filed by actor Vivek Oberoi. Justice Sarang V. Kotwal granted temporary protection from arrest till 22nd February 2024 to Nandita Saha and Raadhika Nanda in two separate but related anticipatory bail pleas. The pleas relate to an FIR filed by Oberoi's Chartered …

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. …

60-year-old acquitted of charges of impregnating minor granddaughter
1 year, 3 months ago

60-year-old acquitted of charges of impregnating minor granddaughter

Hindustan Times  

Mumbai: Observing that the victim has physical relations with a third person, a special POCSO court recently acquitted a 60-year-old man who was arrested for physically assaulting his 16-year-old granddaughter with cigarette buts and impregnating her. However, on July 10, 2018, the girl gave another statement wherein she informed the police that her grandfather had forceful sexual relations with her, …

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 …

Relationship Prima Facie Consensual: Bombay High Court Grants Anticipatory Bail To Married Lawyer Accused Of Rape By Client
1 year, 4 months ago

Relationship Prima Facie Consensual: Bombay High Court Grants Anticipatory Bail To Married Lawyer Accused Of Rape By Client

Live Law  

The Bombay High Court recently granted anticipatory bail to a lawyer accused of raping his client, observing that the relationship appeared consensual despite the accused being a married man. “The material on record particularly WhatsApp chats, messages, prima facie indicate that the first informant was in constant contact with the Applicant not only after the alleged date of the incident …

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 …

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. …

No relief to woman booked for watching porn, indulging in sexual acts with lover in front of children
1 year, 6 months ago

No relief to woman booked for watching porn, indulging in sexual acts with lover in front of children

Hindustan Times  

MUMBAI: A sessions court in Panvel denied pre-arrest bail to a Navi Mumbai resident booked under sections of the POCSO Act for “sexually harassing” her children by watching porn and indulging in sexual acts with her lover while the minors were around. HT Image The Kharghar police have also charged the woman and her lover for locking the children – …

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 …

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 …

In A Democracy, Media Personnel Can't Be Jailed For Reporting: Kerala Court Grants Anticipatory Bail To Asianet Journalists
1 year, 9 months ago

In A Democracy, Media Personnel Can't Be Jailed For Reporting: Kerala Court Grants Anticipatory Bail To Asianet Journalists

Live Law  

A local Court at Kozhikode on Saturday granted pre-arrest bail to the Executive Editor and other employees of Asianet News in connection with the allegations of airing a 'staged interview' of a minor girl who was made to say that she was a victim of drug abuse and sexual exploitation.Finding that there were no serious allegations against the petitioners herein, …

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 …

Bombay HC quashes sexual assault case under POCSO after minor girl's mother consents
1 year, 9 months ago

Bombay HC quashes sexual assault case under POCSO after minor girl's mother consents

India Today  

Noting that, "It will be contrary to the interest of justice to continue the criminal proceedings against the petitioner, a student," the Bombay High Court has quashed a case under the Protection Of Children against Sexual Offences Act against a 19-year-old. Noting the reasons cited in the consent application by the victim's mother, the court added that, "Both will equally …

Supreme Court Yearly Digest 2022- POCSO Act
1 year, 10 months ago

Supreme Court Yearly Digest 2022- POCSO Act

Live Law  

Protection of Child from Sexual Offences Act, 2012 Protection of Children From Sexual Offences Act, 2012 - Any act of sexual assault or sexual harassment to the children should be viewed very seriously and all such offences of sexual assault, sexual harassment on the children have to be dealt with in a stringent manner - Cases of sexual assault or …

Presence of POCSO victims during bail hearings has adverse impact on their psyche: Delhi HC
1 year, 11 months ago

Presence of POCSO victims during bail hearings has adverse impact on their psyche: Delhi HC

The Hindu  

The Delhi High Court has reminded the judicial officers, public prosecutors and the police to be mindful of the “adverse impact on the psyche” of child victims of sexual offences when insisting for appearance of the victim in the court at the time of arguments. The judge’s observation came after the Delhi State Legal Service Authority brought up the issue …

Whether Victims Of Sexual Offences Required To Be Impleaded As Party-Respondent In Bails And Appeals? Delhi High Court Asks Registry To Clarify
2 years ago

Whether Victims Of Sexual Offences Required To Be Impleaded As Party-Respondent In Bails And Appeals? Delhi High Court Asks Registry To Clarify

Live Law  

The Delhi High Court has asked its Registry to clarify whether there is any judicial decision or practice directions that require impleadment of victims or prosecutrix as a respondent in bails or criminal appeals relating to sexual offences under the IPC or POCSO Act. Justice Anup Jairam Bhambhani said the identity of victim or prosecutrix is supposed to be protected …

After Nearly 3 Years In Jail, Bombay High Court Grants Bail To Woman Accused Of Throwing Her Newborn From Top Of Building
2 years ago

After Nearly 3 Years In Jail, Bombay High Court Grants Bail To Woman Accused Of Throwing Her Newborn From Top Of Building

Live Law  

The Bombay High Court has granted bail to a woman, a house help, accused of throwing her newborn baby from the top of the building on December 5 in 2019. Justice MS Karnik observed the record reveals that the woman was upset with her husband, as according to her he was having illicit relations with another woman. In the bail …

Mumbai court grants bail to 22-yr-old who was charged under POCSO
2 years ago

Mumbai court grants bail to 22-yr-old who was charged under POCSO

India Today  

A Mumbai court has granted bail to a 22-year-old man who was charged under the Protection of Children from Sexual Offences Act. His alleged crime was refusing to get married to a minor girl, which was followed by a case of kidnapping and rape registered against him. In December 2020, the accused asked the girl to accompany him to Pune …

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 …

POCSO is not meant to criminalise consensual relationships: Delhi High Court
2 years, 1 month ago

POCSO is not meant to criminalise consensual relationships: Delhi High Court

The Hindu  

The Delhi High Court has remarked that the intention of the Protection of Children from Sexual Offences Act was to protect children below the age of 18 from sexual exploitation and that it was never meant to criminalise consensual romantic relationships between young adults. The counsel further said that the girl had last year approached the High Court of Punjab …

POCSO Act overrides personal laws on age for sexual activities: HC
2 years, 1 month ago

POCSO Act overrides personal laws on age for sexual activities: HC

The Hindu  

The substantive and special enactments like the Indian Penal Code and the Protection of Children from Sexual Offences Act overrides the personal laws on age for having sexual activities, the High Court of Karnataka has observed while considering the petitions filed by two Muslim men, who had sought bail in separate criminal cases registered against them for having sexual relationship …

POCSO and IPC prevail over personal laws: Karnataka High Court
2 years, 1 month ago

POCSO and IPC prevail over personal laws: Karnataka High Court

Deccan Chronicle  

Bengaluru: In two separate cases, the Karnataka High Court has held that the POCSO Act and IPC override Muslim personal law regarding age of marriage. In the first case, the HC rejected the contention that "under Mohammedan Law, the puberty is the consideration for marriage and normal puberty age is treated as 15 years and hence, no commission of offence …

Can't Equate Act Of Mutual Love Between Young Boyfriend-Girlfriend To 'Sexual Assault' Under POCSO Act: Meghalaya HC
2 years, 1 month ago

Can't Equate Act Of Mutual Love Between Young Boyfriend-Girlfriend To 'Sexual Assault' Under POCSO Act: Meghalaya HC

Live Law  

While quashing POCSO charges against a minor's partner, the Meghalaya High Court has observed that the term 'sexual assault' as per the POCSO Act cannot be attributed to an act where there is mutual love and affection between a young couple.The observation came from the bench of Justice W. Diengdoh while disposing of the plea preferred by the POCSO accused …

Not A 'Show Of Affection By An Uncle': Supreme Court Sets Aside Anticipatory Bail Granted By Kerala HC To POCSO Accused
2 years, 2 months ago

Not A 'Show Of Affection By An Uncle': Supreme Court Sets Aside Anticipatory Bail Granted By Kerala HC To POCSO Accused

Live Law  

The Supreme Court said that it is really disturbed with some observations made by Kerala High Court in an order granting bail to a man accused of sexually assaulting his minor neice.The Apex Court bench was referring to these observations made by the Kerala High Court : "Though on the one side, there is a possibility of such hugs and …

Allahabad High Court Denies Bail To POCSO Accused Who Married Minor, Established Physical Relation With Her 'Consent'
2 years, 2 months ago

Allahabad High Court Denies Bail To POCSO Accused Who Married Minor, Established Physical Relation With Her 'Consent'

Live Law  

The Allahabad High Court recently denied bail to a man accused of raping a minor girl after marrying her with her consent as the Court noted that the consent of the minor is no consent at all.The bench of Justice Sadhna Rani opined that even if the minor she left her home, solemnized marriage, and had physical relations with the …

POCSO case: Mumbai special court sentences man to three years in prison for pulling dupatta of a minor girl
2 years, 2 months ago

POCSO case: Mumbai special court sentences man to three years in prison for pulling dupatta of a minor girl

India Today  

A special court under the Protection of Children from Sexual Offences Act in Mumbai has sentenced a 23-year-old man to three years in prison for pulling the dupatta of a 15-year-old girl studying in 10th standard. The prosecution’s case was that the accused used to stand in front of the girl’s house and make certain gestures. READ | PIL seeks …

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 …

[Sexual Offences] Calcutta HC Issues Slew Of Directions To Special Courts To Ensure Smooth & Prompt Examination Of Minor Victims
2 years, 3 months ago

[Sexual Offences] Calcutta HC Issues Slew Of Directions To Special Courts To Ensure Smooth & Prompt Examination Of Minor Victims

Live Law  

The Calcutta High Court recently issued a slew of directions to the Special Courts to ensure a smooth, prompt and seamless examination of the minor victim of sexual offences.The bench of Justice Joymalya Bagchi and Justice Ananya Bandyopadhyay issued the directions while rejecting a bail plea filed by POCSO accused as it noted that the trial Court had failed to …

POCSO Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court
2 years, 3 months ago

POCSO Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court

Live Law  

The Karnataka High Court on Friday allowed a petition filed by a minor boy and set aside the investigation initiated against him under sections of the Protection of Children from Sexual Offences Act for allegedly sexually assaulting a minor girl, following a mutual settlement having arrived at between the parties. It would not be inapt to notice that young children …

Touching Child's Private Parts With Sexual Intent Sufficient To Attract POCSO Act, Absence Of Injury Not Relevant: Bombay High Court
2 years, 3 months ago

Touching Child's Private Parts With Sexual Intent Sufficient To Attract POCSO Act, Absence Of Injury Not Relevant: Bombay High Court

Live Law  

Merely touching the private parts of a child with sexual intent is enough for it to be construed as sexual assault under section 7 of the POCSO Act and a medical certificate demonstrating an injury is not mandatory, the Bombay High Court has held. "The absence of injury mentioned in the medical certificate will not make any difference to her …

Every Pregnant Woman Deserves Dignity, Giving Birth In Custody Traumatic For Both Mother & Child: Delhi High Court
2 years, 4 months ago

Every Pregnant Woman Deserves Dignity, Giving Birth In Custody Traumatic For Both Mother & Child: Delhi High Court

Live Law  

Observing that every pregnant female deserves dignity during motherhood, the Delhi High Court has granted three months interim bail to a pregnant undertrial prisoner who was expecting her delivery in jail. Justice Anoop Kumar Mendiratta also added that pregnancy of a woman is a special circumstance which needs to be appreciated as giving birth to a child while in custody, …

Delhi High Court Modifies POCSO Conviction To Less Grave Offence, Orders Release As Convict's Imprisonment Exceeds Maximum Punishment
2 years, 4 months ago

Delhi High Court Modifies POCSO Conviction To Less Grave Offence, Orders Release As Convict's Imprisonment Exceeds Maximum Punishment

Live Law  

The Delhi High Court has held that a man accused of sexually abusing a minor cannot be punished under Section 6 of the POCSO Act for the offence of 'aggravated penetrative sexual assault' when the alleged act falls short of 'penetration'.The bench of Justice Jasmeet Singh held that without penetration, such act is only an attempt to rape or aggravated …

POCSO Act Does Not Impose Any Special Prohibition On Grant Of Bail: Himachal Pradesh High Court
2 years, 4 months ago

POCSO Act Does Not Impose Any Special Prohibition On Grant Of Bail: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently observed that the POCSO Act, which punishes sexual interactions with minors, does not impose any special prohibition for grant of bail. Justice Satyen Vaidya remarked: "POCSO Act does not impose any special prohibition for grant of bail in offence committed under the Act. In this background, the High Court noted that though the Supreme …

Gujarat High Court Grants Anticipatory Bail To 62 Yrs Old POCSO Accused Citing "Improvements" In Minor Prosecutrix's Version
2 years, 4 months ago

Gujarat High Court Grants Anticipatory Bail To 62 Yrs Old POCSO Accused Citing "Improvements" In Minor Prosecutrix's Version

Live Law  

The Gujarat High Court has granted anticipatory bail to a 62-year-old, accused of sexuall assaulting a 17 years old after intoxicating her.The man was booked under Sections 363, 366 and 376 IPC and Sections 4, 6 and 8 of the POCSO Act. While granting relief, the High Court took into account several factors such as improvement in Prosecutrix's version, subsequent …

Discover Related