Bombay High Court judge quashes another POCSO conviction
3 years, 10 months ago

Bombay High Court judge quashes another POCSO conviction

The Hindu  

The Nagpur Bench of the Bombay High Court on Thursday held that “The acts of ‘holding the hands of the prosecutrix’, or ‘opened zip of the pant’ in the opinion of this Court, does not fit in the definition of ‘sexual assault’ ”, and quashed the conviction of a man under the Protection of Children from Sexual Offences Act. He was charged and convicted under sections 354A — physical contact and advances involving unwelcome and explicit sexual overtures and 448 — punishment for house-trespass of the Indian Penal Code and section 8 — punishment for sexual assault, 9 — whoever commits sexual assault on a child below twelve years; 10 — punishment for aggravated sexual assault, 11 — utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child and 12 — punishment for sexual harassment of POCSO. At the most the minor offence punishable under section 354-A of the IPC is proved against the appellant.” The nine-page order, passed on January 15, said, “The conviction of the appellant/accused for the offence punishable under Sections 8, 10 and 12 of the POCSO Act, is quashed and set aside. The conviction of the appellant/accused for the offence punishable under Sections 448 and 354-A of the IPC is maintained.” Earlier on January 19, Justice Ganediwala had acquitted a man charged under the POCSO Act and again convicted him under ‘minor offence’ of IPC as, “There is no direct physical contact i.e skin-to-skin with sexual intent without penetration”.

History of this topic

Delhi court awards rigorous life term to man for raping minor
1 week, 1 day ago
[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
Ghatkopar resident sentenced to 20-yr jail for raping 8-yr-old
1 week, 5 days ago
Man sentenced to 25 years for raping minor stepdaughter
2 weeks, 4 days ago
Jodhpur: Pocso court awards life imprisonment to 31-yr-old man for raping minor girl
3 weeks ago
Enact Law With Severe Punishment For Child Sexual Abuse By Family Members: Madras HC Upholds Man's Conviction For Raping Stepdaughter
3 weeks, 4 days ago
Delhi court awards 15-yr jail term to man for repeated rape of minor girl
3 weeks, 5 days ago
Delhi court convicts man for 'attempting' to sexually assault boy in 2015
4 weeks ago
Bombay High Court denies bail to man for sharing obscene video of teen with family
1 month ago
Kerala High Court denies bail to cop accused of raping minor Dalit girl
1 month ago
Man gets 20-year-jail for raping 6-year-old girl
1 month ago
UP: Man sentenced to 20 years of rigorous imprisonment for raping 7-year-old girl
1 month ago
Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation
1 month ago
Even Consensual Sex With Minor Wife Is Rape: Bombay High Court
Trending News
1 month, 1 week ago
Court sentences man to 20 years jail for raping minor in 2016
1 month, 1 week ago
Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
1 month, 1 week ago
[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court
1 month, 1 week ago
[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court
1 month, 1 week ago
Not Allowing Daughter-In-Law To Watch TV, Meet Neighbours, Go To Temple Alone & Making Her Sleep On Carpet Is Not Cruelty: Bombay High Court
1 month, 2 weeks ago
Court sentences man to double life imprisonment for abusing minor sisters
1 month, 2 weeks ago
Brutal Raping Case in Jalaun: Life Sentence for 60-Year-Old Accused
1 month, 4 weeks ago
10 years imprisonment for Saharanpur man in POCSO case
2 months, 3 weeks ago
Coimbatore man gets 20 years rigorous imprisonment for sexual assault on minor girl
2 months, 3 weeks ago
Chandigarh: Madrasa teacher held for sexually assaulting minor boy
2 months, 3 weeks ago
Arunachal rape-molestation case: Death sentence for prime accused, 20 years RI for two others
2 months, 4 weeks ago
Man gets 20 years jail for raping minor in Uttar Pradesh
3 months ago
No lesson learnt from Nirbhaya, juvenile accused being treated ‘too leniently’: Madhya Pradesh HC
3 months, 1 week ago
"Juveniles Treated Too Leniently In This Country, Legislature Has Still Not Learnt Any Lessons From Horrors Of Nirbhaya": MP High Court
3 months, 1 week ago
Man sentenced to 30-year imprisonment for sexually assaulting minor girl
3 months, 1 week ago
Man sentenced to rigorous life imprisonment for abducting, raping minor
3 months, 1 week ago
Coimbatore man gets five years RI for sexual assault on minor girl
3 months, 1 week ago
Bombay High Court Upholds Life Sentence Of Man Convicted For Sexually Abusing Five Minor Girls
3 months, 1 week ago
Man sentenced to 30 years in prison for raping minor
3 months, 2 weeks ago
Bombay High Court upholds teenager’s right to reproductive freedom
3 months, 2 weeks ago
Six-year-old boy sexually assaulted by neighbour; locals attack cops, accused
3 months, 2 weeks ago
HC directs State to address issue of protection of sportswomen from sexual harassment
3 months, 3 weeks ago
Delhi court sentences man to 12-year jail in minor’s sexual assault case
3 months, 3 weeks ago
Badlapur assault case: SIT registers FIR against school authorities
4 months ago
Badlapur sexual assault case: ‘Did you register any case against the school?’ Bombay HC asks girls
4 months ago
Supreme Court restores conviction in minor's rape, overturns Calcutta HC's order acquitting man
4 months ago
Woman can also commit penetrative sexual assault in Pocso cases: Delhi HC
4 months, 2 weeks ago
26-year-old man sentenced to 20 years in prison for rape of PU student, extortion
4 months, 2 weeks ago
Pocso case: Delhi court says punishment must correspond to offence
5 months, 1 week ago
Telangana: Man Gets 20 years RI for Sexual Assault of a Minor
5 months, 1 week 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
5 months, 2 weeks ago
Uttar Pradesh: Court sentences man to 10-year rigorous imprisonment for raping minor in Maharajganj
5 months, 2 weeks ago
No Parent In Our Society Can Damage Reputation Of Their Daughter Regarding Her Chastity: Patna High Court Upholds Rape Conviction
5 months, 3 weeks ago
Rapist nailed by cognitively challenged, speech-impaired girl; gets life sentence
5 months, 3 weeks ago
Bombay High Court upholds conviction of teacher for sexual assault on students
6 months ago
Man acquitted of sexually assaulting 13-year-old girl
6 months, 1 week ago

Discover Related