MP High Court Refuses Bail To POCSO Accused, Says He Can't Seek Benefit Merely Because Victim's Religion Permits Marriage After Puberty
2 years, 3 months ago

MP High Court Refuses Bail To POCSO Accused, Says He Can't Seek Benefit Merely Because Victim's Religion Permits Marriage After Puberty

Live Law  

The Madhya Pradesh High Court recently denied relief to an accused under the POCSO Act who sought the concession of bail on the ground that the victim was a Muslim girl, who, though minor, had attained the age of puberty and the consent given by her is valid in law. The Court however pointed that those cases involved married parties whereas in the instant case "the situation is otherwise as the applicant has given promise to marry with the prosecutrix". The Applicant submitted that the physical relations were consensual and he cited various High Court decisions to argue that under Muslim law, consent given by Prosecutrix, though minor but having hit the age of puberty, is not invalid. Strong reliance was placed on Karnataka High Court's decision in Mohammad Waseem Ahmad v. State where the POCSO case registered against a Muslim man for impregnating his minor wife was quashed.

Puberty High Court Court Age Applicant Case State Muslim Pocso Pocso Act Married Minor Prosecutrix Physical Relation  mp  age  victims  prosecutrix  marriage  religion  seek  refuses  pocso  permits  merely  applicant  married  court  muslim  case  puberty  minor

History of this topic

Grabbing minor's breasts, breaking pyjama's string not attempt to rape: Allahabad High Court
20 hours, 18 minutes ago

Grabbing minor's breasts, breaking pyjama's string not attempt to rape: Allahabad High Court

India TV News  

Grabbing minor's breasts, breaking pyjama's string not attempt to rape: Allahabad High Court The Allahabad High Court was hearing a case of an 11-year-old girl who was sexually assaulted by two men in Uttar Pradesh in 2021. Grabbing a minor girl's breasts, breaking her pyjama strings and trying to drag her beneath the culvert does not constitute rape or an …

14 Y/O Girl Had 'Sufficient Knowledge & Capacity' To Understand Her Actions: Bombay HC Grants Bail To POCSO Accused
3 weeks, 6 days ago

14 Y/O Girl Had 'Sufficient Knowledge & Capacity' To Understand Her Actions: Bombay HC Grants Bail To POCSO Accused

Live Law  

The Bombay High Court on Monday granted bail to a 24-year-old man booked for raping a 14-year-old minor girl, noting that the victim had 'sufficient knowledge' and 'capacity' to know the 'full import of her actions' as she 'voluntarily' stayed with the accused for 4 days. In its 10-page order, a bench of Justice Milind Jadhav considered the statements of …

Bombay HC Grants Bail In POCSO Case, Says 25-Yr Old Accused Was Not A 'Predator' But A “Young Person” In Consensual Relationship With 16-Yr-Old
1 month ago

Bombay HC Grants Bail In POCSO Case, Says 25-Yr Old Accused Was Not A 'Predator' But A “Young Person” In Consensual Relationship With 16-Yr-Old

Live Law  

The Bombay High Court on Thursday while granting bail to a 25-year-old man booked for raping a minor girl of 16 years for 15 months and impregnating her twice, said that he was not a 'sexual predator' but a young person, who was involved in a consensual relationship with the girl. Single-judge Justice Milind Jadhav noted from the statements of …

Man gets 35 years jail term for sexually assaulting minor girl
1 month, 1 week ago

Man gets 35 years jail term for sexually assaulting minor girl

The Hindu  

The Additional District and Sessions Court in Kalaburagi has sentenced a 24-year-old man to 35 years in jail and imposed a fine of ₹29,000 on him for raping a minor girl. As per information provided by Public Prosecutor Shantaveer Tuppad, accused Adarsha Chinde sexually assaulted the girl aged 14 and nine months in May 2023 after promising to marry her. …

Kerala High Court Grants Bail To Man Booked For Sexually Abusing Granddaughter, Notes His Custody Was Causing Further Trauma To Victim
Trending News
1 month, 1 week ago

Kerala High Court Grants Bail To Man Booked For Sexually Abusing Granddaughter, Notes His Custody Was Causing Further Trauma To Victim

Live Law  

The Kerala High Court released a POCSO accused on bail considering that his prolonged custody was causing trauma to the victim. The grandmother of the victim filed an affidavit before the Court saying that her granddaughter gave the statement based on a misunderstanding and minor girl was not interested in the company of the accused. The Court asked Advocate Parvathy …

Madras HC acquits Pocso convict for lack of corroborative evidence
1 month, 2 weeks ago

Madras HC acquits Pocso convict for lack of corroborative evidence

New Indian Express  

CHENNAI: The Madras High Court acquitted a man who was sentenced to 20 years of imprisonment in a Pocso case for sexual assault of a minor girl. Finding that the prosecution’s case against the convict was weakened by contradictions and lacked substantiated evidence, Justice M Nirmal Kumar set aside the conviction and sentence and ordered the man to be set …

A Minor Rape Survivor In Our Country Would Rather Suffer Silently Than Falsely Implicate Someone: Allahabad High Court
1 month, 2 weeks ago

A Minor Rape Survivor In Our Country Would Rather Suffer Silently Than Falsely Implicate Someone: Allahabad High Court

Live Law  

Denying bail to a man accused of raping a minor girl, the Allahabad High Court has recently observed that in our country, a minor girl, who is a victim of sexual aggression, would rather suffer silently than implicate somebody falsely. A bench of Justice Sanjay Kumar Singh said that the Court must keep in mind while appreciating the evidence of …

Court sentences man to 20 years rigorous RI in POCSO case
1 month, 2 weeks ago

Court sentences man to 20 years rigorous RI in POCSO case

Deccan Chronicle  

Hyderabad: A special court for POCSO Act cases sentenced a 32-year-old person to 20 years rigorous imprisonment for raping a five-year-old girl at his house in Secunderabad in November 2023. Special Sessions Judge for POCSO Act cases, B. Pushpalatha, held the accused guilty for the offence punishable under Section 5 read with Section 6 of POCSO Act and Section 376-AB …

Supreme Court grants bail to Maulvi accused of converting minor
1 month, 3 weeks ago

Supreme Court grants bail to Maulvi accused of converting minor

The Hindu  

The Supreme Court has granted bail to a Maulvi or a madrasa teacher accused by the Uttar Pradesh government of unlawfully converting a challenged minor to a Muslim, saying the offence alleged was after all nothing serious like murder, dacoity or rape. In a scathing order, the apex court said it was not nowadays expected of trial courts to be …

Reporter TV's Consulting Editor Arun Kumar K, Sub-Editor Approach Kerala High Court Seeking Anticipatory Bail In POCSO Case
2 months ago

Reporter TV's Consulting Editor Arun Kumar K, Sub-Editor Approach Kerala High Court Seeking Anticipatory Bail In POCSO Case

Live Law  

Malayalam news channel Reporter TV's consulting editor Arun Kumar K and Sub-editor Shabas Ahammed S have approached the Kerala High Court seeking anticipatory bail in a POCSO case, lodged for allegedly sexually harassing a child. Reportedly, the editors had a conversation between themselves during the Kalolsavam where Arun Kumar pointing towards the manavatti of one of the oppana team and …

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court
2 months, 1 week ago

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court

Live Law  

The Madhya Pradesh High Court has made it clear that even though a Muslim man has no way to seek divorce under the Dissolution of Muslim Marriages Act, 1939, he is not rendered remediless in law and he can seek recourse under Section 7 of the Family Court Act, 1984 to seek divorce from his wife. The counsel further submitted …

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement
2 months, 1 week ago

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement

Live Law  

Expressing “anguish and pain” over denial of bail to a man not even named by the minor victim in her statement, the Rajasthan High Court has sought explanation from a Special POCSO Judge for his decision. The bench of Justice Anil Kumar Upman opined that the increasing tendency of trial courts in rejecting bail petitions in a "casual and routine …

Relationship Between 'Jija' & 'Sali' Is Immoral But Rape Offence Not Attracted If Woman Is A Major: Allahabad High Court
2 months, 2 weeks ago

Relationship Between 'Jija' & 'Sali' Is Immoral But Rape Offence Not Attracted If Woman Is A Major: Allahabad High Court

Live Law  

The Allahabad High Court has recently observed that a relationship between brother-in-law and sister-in-law is immoral; however, if the woman is a major, the said relationship doesn't attract the offence of rape. It was further submitted that the alleged victim is a major who had earlier denied the allegations in her Section 161 CrPC statement; however, later on, she changed …

HC refuses to stop POCSO-accused woman’s access to minor daughter
2 months, 2 weeks ago

HC refuses to stop POCSO-accused woman’s access to minor daughter

Hindustan Times  

MUMBAI: The Bombay high court on Tuesday refused to interfere with a Pune family court order, setting out an arrangement of sequential alternate access to a minor girl child, of 15 days each between her father and mother. A vacation bench of justice Somasekhar Sundaresan refused to pass any interim order on the petition filed by the woman’s estranged husband, …

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused
3 months, 1 week ago

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused

Live Law  

The Allahabad High Court on Monday denied bail to one Halkaee Ahirwar, who has been accused of committing gang rape against a 14-year-old girl in April this year and making viral a video of the entire incident. A bench of Justice Shekhar Kumar Yadav rejected his bail plea, emphasizing that the victim is an 'innocent' 14-year-old girl and that the …

Can't Shut Eyes To Atrocious Nature Of Offence: Kerala High Court Denies Bail To Police Officer Accused Of Raping Minor Girl
3 months, 3 weeks ago

Can't Shut Eyes To Atrocious Nature Of Offence: Kerala High Court Denies Bail To Police Officer Accused Of Raping Minor Girl

Live Law  

The Kerala High Court has dismissed the bail application of a police officer who is accused of raping a 14-year-old minor girl who is stated to be a member of the scheduled caste. Justice K Babu observed that Courts must not lightly entertain bail applications when "serious offences" are alleged and a "prima facie case" is made out. Ultimately, it …

Allahabad HC Grants Interim Bail To Rape Accused To Marry 'Victim' From Different Religion Under Special Marriage Act
3 months, 3 weeks ago

Allahabad HC Grants Interim Bail To Rape Accused To Marry 'Victim' From Different Religion Under Special Marriage Act

Live Law  

The Allahabad High Court last week granted a 4-month interim bail to a Hindu man booked under the POCSO Act to marry a Muslim girl and get the same registered after getting her custody. “Having heard the learned counsel for the parties and having perused the material available on record and also hearing the parties who are present in person, …

Allahabad HC Grants Bail to Muslim Man Accused of Kidnapping Hindu Girl
4 months ago

Allahabad HC Grants Bail to Muslim Man Accused of Kidnapping Hindu Girl

Deccan Chronicle  

Prayagraj: The Allahabad High Court has granted bail to a Muslim man accused of kidnapping and raping a Hindu girl. Granting bail to accused Javed Alam, Justice Sameer Jain said that in her statement, the girl stated that she had crossed the age of 17 when the FIR was lodged and that she went with him and married him willingly. …

Man gets 20-year RI in POCSO case in Bahraich
4 months 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 …

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

"Juveniles Treated Too Leniently In This Country, Legislature Has Still Not Learnt Any Lessons From Horrors Of Nirbhaya": MP High Court
6 months ago

"Juveniles Treated Too Leniently In This Country, Legislature Has Still Not Learnt Any Lessons From Horrors Of Nirbhaya": MP High Court

Live Law  

While upholding the conviction of a juvenile for rape of a four-year-old girl, the Madhya Pradesh High Court lamented the "lenient" laws in the country so far as juvenile offenders are concerned. Justice Subodh Abhyankar sitting at Indore observed, “Court is once again at pains to observe that juveniles in this country are being treated rather too leniently, and that …

'How Can POCSO Act Offence Be Termed Romantic?' : Supreme Court Slams HC Suggestion To Decriminalise 'Consensual' Sex Involving Older Teens
6 months, 3 weeks ago

'How Can POCSO Act Offence Be Termed Romantic?' : Supreme Court Slams HC Suggestion To Decriminalise 'Consensual' Sex Involving Older Teens

Live Law  

The Supreme Court on Tuesday criticized the Calcutta High Court for observing in a judgment that the Protection of Children from Sexual Offences Act, 2012 must be amended to decriminalise consensual sexual acts involving adolescents above sixteen years. The Supreme Court further expressed disapproval of the High Court's suggestion that an exception must be carved out for "non-exploitative" sexual acts …

MP High Court Asks Sessions Judge To Explain Why She Awarded Lesser Than Prescribed Minimum Sentence For Rape
7 months, 3 weeks ago

MP High Court Asks Sessions Judge To Explain Why She Awarded Lesser Than Prescribed Minimum Sentence For Rape

Live Law  

In a criminal appeal filed against a rape conviction and for suspension of sentence, Madhya Pradesh High Court has called for an explanation from the Sessions Judge, Dindori, as to why lesser than the minimum prescribed statutory sentence for offence of rape under Section 376 IPC was awarded to the convict. The single-judge bench of Justice Dinesh Kumar Paliwal observed …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
7 months, 3 weeks 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 …

Allahabad HC Raises Concern Over Misuse Of POCSO Act Against Teenagers Involved In Consensual Romantic Relations
8 months, 2 weeks ago

Allahabad HC Raises Concern Over Misuse Of POCSO Act Against Teenagers Involved In Consensual Romantic Relations

Live Law  

The Allahabad High Court on Wednesday raised concerns over the misuse of the Protection of Children from Sexual Offences Act, 2012, particularly in consensual romantic relationships between teenagers. A bench of Justice Krishan Pahal added that while dealing with such cases, the challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships, and this requires a …

Bombay HC Grants Bail to POCSO Accused Without Prima Facie Sexual Intent
8 months, 3 weeks 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 …

POCSO Act: Karnataka High Court Grants Bail To Youth Accused Citing Chances Of Coming In Contact With Hardcore Criminals In Custody
9 months 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 …

Meghalaya High Court Rejects Bail In POCSO Case Despite Trial Delay, Considering Seriousness Of Offence
9 months, 1 week ago

Meghalaya High Court Rejects Bail In POCSO Case Despite Trial Delay, Considering Seriousness Of Offence

Live Law  

The Meghalaya High Court has observed that even with a delay of one year in commencing trial under the Protection of Children from Sexual Offences Act, 2012, while deciding on bail, the gravity of the offence needs to be taken into consideration The accused/petitioner was arrested in relation to a POCSO case and a chargesheet was filed against him in …

Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority
10 months, 1 week 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 …

POCSO Act’s aim cannot be ignored merely because abusers marry minor victims to escape conviction: Supreme Court
10 months, 2 weeks ago

POCSO Act’s aim cannot be ignored merely because abusers marry minor victims to escape conviction: Supreme Court

The Hindu  

The Supreme Court on Thursday said the objective of Protection of Children from Sexual Offences Act could not be ignored merely because child marriages continue, or worse still, abusers marry their minor victims to escape conviction. The High Court had then passed a series of observations in its order “advising” adolescent girls to “control their sexual urges”. During the hearing, …

Man gets seven years jail under POCSO Act
11 months, 3 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 …

Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor
1 year 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
1 year 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 …

'Extraordinary Circumstance': Madras HC Quashes POCSO Case over Minor's Marriage, Prioritising Well-being of Young Children
1 year, 1 month ago

'Extraordinary Circumstance': Madras HC Quashes POCSO Case over Minor's Marriage, Prioritising Well-being of Young Children

News 18  

The Madras High Court recently quashed a case filed under the Protection of Children from Sexual Offences Act, 2012, and The Prohibition of Child Marriage Act, 2006. Based on that, the case was registered under the provisions of the POCSO Act and the Prohibition of Child Marriage Act, 2006, against the victim’s husband, his father, and the victim’s parents. The …

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
1 year, 1 month 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. …

Allahabad HC Denies Bail To An 'Ojha' Accused Of Raping 15 Y/O Girl On Pretext Of Curing Her Through Religious Methods
1 year, 3 months ago

Allahabad HC Denies Bail To An 'Ojha' Accused Of Raping 15 Y/O Girl On Pretext Of Curing Her Through Religious Methods

Live Law  

The Allahabad High Court last week denied bail to an 'Ojha' for allegedly raping a 15-year-old girl under the pretext to provide treatment to her through religious methods. Essentially, the allegations against the accused were to the effect that due to the bad health of the victim, her father invited the applicant, who was an 'Ojha' to treat her, however, …

Calcutta High Court says every ‘female adolescent should control sexual urge’
1 year, 5 months ago

Calcutta High Court says every ‘female adolescent should control sexual urge’

The Hindu  

Calling for decriminalisation of consensual sexual acts involving adolescents above 16 years, the Calcutta High Court, in a recent order, suggested that every female adolescent should “control sexual urge/urges” and “protect her right to integrity of her body”. Hearing a case under the Protection of Children from Sexual Offences Act, the court set aside the conviction of the appellant, who …

S.34(2) POCSO Act Mandatory, Trial Court Bound To Determine Victim's Age When Issue Raised By Accused: Patna High Court
1 year, 5 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 …

Man allegedly raped wife's minor sister, then claimed he married her too. Delhi HC acquits citing Muslim law
1 year, 6 months ago

Man allegedly raped wife's minor sister, then claimed he married her too. Delhi HC acquits citing Muslim law

Firstpost  

The incident came to light through a first information report filed by the child’s mother, asserting that during October and November 2014, while the child was alone, the accused visited their residence four to five times and committed sexual assault The Delhi High Court has recently reaffirmed the acquittal of a Muslim man who had been accused of sexually assaulting …

Hyderabad Man Gets 5 Year RI in POCSO Case
1 year, 7 months ago

Hyderabad Man Gets 5 Year RI in POCSO Case

Deccan Chronicle  

Hyderabad: The Special Judge for PoCSO cases at Medchal D Venkatesham on Wednesday sentenced D Mahesh Prakash, accused of sexually abusing two girls at Alwal in May 2020, to rigorous imprisonment for five years. The girls, who were four years of age at the time of the incident, detailed before the court how the accused abused them, resulting in his …

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court
1 year, 8 months ago

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court

Live Law  

The Karnataka High Court has held that the trial court has the power to find an accused guilty for the lesser offence even though the charges were framed for major offences. But the trial Court found him guilty and convicted and sentenced him to undergo 10 years imprisonment for the offence punishable under Section 6 of the Act. Such being …

When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case
1 year, 9 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, 9 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 …

Karnataka High Court Quashes POCSO Case Against Man Who Dropped Minor Victim At Her Home On Instructions Of Main Accused
1 year, 9 months ago

Karnataka High Court Quashes POCSO Case Against Man Who Dropped Minor Victim At Her Home On Instructions Of Main Accused

Live Law  

The Karnataka High Court has quashed the criminal proceedings launched under the Protection of Children From Sexual Offences Act against a man who dropped the minor victim at her home on the instructions of main accused. are juxtaposed to each other and read in tandem what can be unmistakably inferred is that the role of the petitioner nowhere figures before …

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence
1 year, 11 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- …

MP High Court Urges Law Commission To Suggest Amendments To POCSO Act Permitting Correctional Measures Instead Of Jail Term If Victim & Accused Marry
1 year, 11 months ago

MP High Court Urges Law Commission To Suggest Amendments To POCSO Act Permitting Correctional Measures Instead Of Jail Term If Victim & Accused Marry

Live Law  

While deciding a bail application of an accused under the Protection of Children from Sexual Offences Act, the Madhya Pradesh High Court went on to request the Law Commission of India to suggest suitable amendments to the Act making it possible for the Special POCSO Judges to impose correctional methods on convicts, rather than sentences of imprisonment, especially when the …

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, 11 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, 11 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
2 years 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 …

Element Of Love Affair, Virtually Resided As Husband-Wife: Gujarat High Court Suspends Sentence Of POCSO Convict
2 years ago

Element Of Love Affair, Virtually Resided As Husband-Wife: Gujarat High Court Suspends Sentence Of POCSO Convict

Live Law  

The Gujarat High Court recently granted bail to a convict under POCSO Act on the ground that there was element of love affair and the prosecutorix had virtually resided with the convict as husband and wife, till they were apprehended. The applicant-convict approached the High Court in appeal against the judgment and order dated December 12, 2022 by which he …

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