Can't Presume Class XII Student Is Minor, Highly Preposterous: Delhi High Court Questions Police Over Addition Of POCSO Charge In Rape Case
2 years ago

Can't Presume Class XII Student Is Minor, Highly Preposterous: Delhi High Court Questions Police Over Addition Of POCSO Charge In Rape Case

Live Law  

The Delhi High Court has slammed the police for invoking Section 6 of POCSO Act against an accused in a case of alleged rape, purportedly on the basis of an assumption that since the victim was a class XII student, she must be a minor.During the hearing of a petition seeking quashing of the rape case on the basis of a compromise between parties, Justice Rajnish Bhatnagar asked the. The Delhi High Court has slammed the police for invoking Section 6 of POCSO Act against an accused in a case of alleged rape, purportedly on the basis of an assumption that since the victim was a class XII student, she must be a minor. During the hearing of a petition seeking quashing of the rape case on the basis of a compromise between parties, Justice Rajnish Bhatnagar asked the counsel representing police that how the provision was invoked in the matter. Without any document on record, how can one presuppose that victim is a minor even a major girl can be in 12th Standard,” said the court.

Court Case Rape Case Xii Section 6 Of Pocso Act Class Xii Student Minor Highly  preposterous  basis  shall  presume  victim  high  questions  case  student  hearing  pocso  rape  xii  court  imprisonment  minor  highly  counsel

History of this topic

Grabbing minor's breasts, breaking pyjama's string not attempt to rape: Allahabad High Court
1 day, 22 hours 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 …

Pressing minor’s lips not always Pocso offence: Delhi HC
1 week, 6 days ago

Pressing minor’s lips not always Pocso offence: Delhi HC

New Indian Express  

NEW DELHI: The Delhi High Court has held that pressing the lips of a minor or lying close to her may constitute an offence of outraging modesty under the Indian Penal Code, but does not necessarily amount to aggravated sexual assault under the Protection of Children from Sexual Offences Act unless accompanied by overt sexual intent. Justice Swarana Kanta Sharma, …

Pressing, touching minor’s lips without sexual advances not ‘aggravated sexual assault’: Delhi High Court
Trending News
2 weeks ago

Pressing, touching minor’s lips without sexual advances not ‘aggravated sexual assault’: Delhi High Court

The Hindu  

The Delhi High Court has said in the absence of sexually motivated advances, touching and pressing the minor girl’s lips and sleeping next to her cannot attract prosecution for “aggravated sexual assault” under the Protection of Children from Sexual Offences Act. Justice Swarana Kanta Sharma observed the acts might violate her dignity and outrage her modesty but without “overt or …

[POCSO Act] Lying Very Close To Minor Victim Amounts To 'Outraging Modesty' But Not 'Aggravated Sexual Assault' If No Overt Sexual Intent: Delhi HC
Top News
2 weeks ago

[POCSO Act] Lying Very Close To Minor Victim Amounts To 'Outraging Modesty' But Not 'Aggravated Sexual Assault' If No Overt Sexual Intent: Delhi HC

Live Law  

The Delhi High Court has held that pressing lips of a minor victim and lying very close to her may amount to offence of outraging her modesty under Indian Penal Code but the same may not amount to offence of aggravated sexual assault under POCSO Act if overt sexual intent is absent. “The act of touching and pressing lips or …

Schoolgirl assaulted by two minors in Bengaluru, Pocso case under investigation
2 weeks, 2 days ago

Schoolgirl assaulted by two minors in Bengaluru, Pocso case under investigation

India Today  

A young schoolgirl was sexually assaulted by two minor boys while she was returning home from school in Anekal Taluk in Karnataka’s Bengaluru Rural district. Recently, a constable from Bengaluru’s Bommanahalli police station was arrested for raping a 17-year-old girl. She had earlier approached the police earlier to file a sexual assault case against another boy, reportedly her boyfriend. The …

Man gets 20 years RI for raping minor girl
2 weeks, 5 days ago

Man gets 20 years RI for raping minor girl

Hindustan Times  

A fast-track court in Palwal on Saturday sentenced a 42-year-old man, Afzal to 20 years of rigorous imprisonment for kidnapping and raping a minor girl. Additional Sessions Judge, special fast track court, Protection of Children from Sexual Offences Act, Palwal, Prashant Rana while convicting the accused on February 27 said that it has been proved by way of cogent, ocular, …

Delhi: POCSO case registered against teacher for allegedly raping minor girl in CR Park area
3 weeks, 1 day ago

Delhi: POCSO case registered against teacher for allegedly raping minor girl in CR Park area

India TV News  

Delhi: POCSO case registered against teacher for allegedly raping minor girl in CR Park area According to the victim, the teacher had threatened and blackmailed her. In a shocking incident, a 15-year-old girl was allegedly raped multiple times by her tuition teacher in south Delhi. Further, she alleged that the accused mentally harassed and raped her multiple times in the …

Delhi: Man sentences to 10 years RI for raping 1-year-old minor girl in 2019
3 weeks, 6 days ago

Delhi: Man sentences to 10 years RI for raping 1-year-old minor girl in 2019

Hindustan Times  

New Delhi, A court here has sentenced a man to 10 years of rigorous imprisonment for kidnapping and raping a one-and-a-half-year-old girl in 2019, saying the abhorrence of society for sexual predators should find reflection in the judgments of the courts. Delhi: Man sentences to 10 years RI for raping 1-year-old minor girl in 2019 Additional Sessions Judge Manoj Kumar …

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 …

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 …

5-yr-old alleges sexual assault in pvt Delhi school; accused a class 12 student
1 month, 2 weeks ago

5-yr-old alleges sexual assault in pvt Delhi school; accused a class 12 student

Hindustan Times  

A five-year-old student at a private school in south Delhi was allegedly sexually assaulted by a Class 12 student inside the school bus in August last year but the accused has neither been apprehended nor interrogated, according to police officials aware of the case. In the complaint to the police in September, the father of the five-year-old alleged that the …

Minor’s sexual-assault case: Supreme Court refuses bail to wife of suspended Delhi govt officer Khakha
1 month, 3 weeks ago

Minor’s sexual-assault case: Supreme Court refuses bail to wife of suspended Delhi govt officer Khakha

The Hindu  

The Supreme Court on Friday refused to grant bail to the wife of suspended Delhi government officer Premoday Khakha, who allegedly raped a minor several times and impregnated her. The Delhi High Court on September 6 had dismissed the bail application of Seema Rani Khakha, saying the case “strikes at the root of trust between two families” and the possibility …

Kerala POCSO court sentenced Unais to 87 Years for raping minor girl
2 months, 2 weeks ago

Kerala POCSO court sentenced Unais to 87 Years for raping minor girl

Op India  

On 4th January, a POCSO court in Kerala’s Manjeri sentenced 29-year-old Unais, son of Hussain, to 87 years of rigorous imprisonment for sexually assaulting a 16-year-old minor girl. The court sentenced Unais to 40 years of rigorous imprisonment under Section 5 read with 6 of the POCSO Act, along with a fine of Rs 2 lakh. Furthermore, the court sentenced …

Delhi HC says phrase ‘physical relations’ cannot mean sexual assault, acquits man in POCSO case
Trending News
2 months, 3 weeks ago

Delhi HC says phrase ‘physical relations’ cannot mean sexual assault, acquits man in POCSO case

Live Mint  

A man was recently acquitted by the Delhi High Court in a POCSO case, saying the use of phrase 'physical relations' by the minor survivor cannot automatically mean sexual assault. The leap from physical relations or 'samband' to sexual assault and then to penetrative sexual assault must be established by evidence and cannot be deduced as an inference, the High …

‘Physical relations’ cannot automatically mean sexual assault, rules Delhi High court
2 months, 3 weeks ago

‘Physical relations’ cannot automatically mean sexual assault, rules Delhi High court

Hindustan Times  

The Delhi high court has acquitted a man in a Protection of Children from Sexual Offences Act case, saying that the use of phrase ‘physical relations’ by the minor survivor cannot automatically mean sexual assault, PTI reported. The bench observed that it was unclear how the trial court concluded that there was any sexual assault when the minor survivor had …

'Physical relations' cannot automatically mean sexual assault: Delhi High Court
Top News
2 months, 3 weeks ago

'Physical relations' cannot automatically mean sexual assault: Delhi High Court

India Today  

The Delhi High Court has acquitted a man in a POCSO case, saying the use of phrase 'physical relations' by the minor survivor cannot automatically mean sexual assault. The court asserted that the leap from physical relations or 'samband' to sexual assault and then to penetrative sexual assault must be established by evidence and cannot be deduced as an inference. …

Uttar Pradesh: Grandfather, father, uncle arrested for allegedly raping minor
2 months, 3 weeks ago

Uttar Pradesh: Grandfather, father, uncle arrested for allegedly raping minor

Hindustan Times  

A girl's grandfather, father and uncle have been arrested here for allegedly raping the minor over a period of several months, leading to her pregnancy, police said on Saturday. A girl's grandfather, father and uncle have been arrested here for allegedly raping the minor over a period of several months Additional Superintendent of Police Alok Misha said the girl, accompanied …

Presumption Of Guilt U/S 29 Of POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction
2 months, 3 weeks ago

Presumption Of Guilt U/S 29 Of POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction

Live Law  

The Punjab & Haryana High Court has acquitted two men in a sexual assault case under the Protection of Children from Sexual Offences Act, observing that the presumption under Section 29 for abetting or attempting to commit certain offences under the Act cannot be drawn on account of lack of evidence.As per Section 29 of the POCSO Act, where a …

Presumption Of Guilt U/S Of 29 POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction
2 months, 3 weeks ago

Presumption Of Guilt U/S Of 29 POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction

Live Law  

The Punjab & Haryana High Court has acquitted two men in a sexual assault case under the Protection of Children from Sexual Offences Act, observing that the presumption under Section 29 for abetting or attempting to commit certain offences under the Act cannot be drawn on account of lack of evidence. As per Section 29 of the POCSO Act, where …

Ghatkopar resident sentenced to 20-yr jail for raping 8-yr-old
3 months, 1 week ago

Ghatkopar resident sentenced to 20-yr jail for raping 8-yr-old

Hindustan Times  

MUMBAI: A special POCSO court on Tuesday sentenced a 33-year-old Ghatkopar resident to 20 years of rigorous imprisonment for sexually assaulting an eight-year-old girl residing in his neighbourhood. The court observed that the prosecution was able to prove the accused had committed aggravated penetrative sexual assault on the child. Ghatkopar resident sentenced to 20-yr jail for raping 8-yr-old The girl …

Headmaster Guardian Of Entire School, Must Immediately Intimate Authorities Of Incidents Under POCSO Act: Madras HC Refuses To Quash Proceedings
3 months, 2 weeks ago

Headmaster Guardian Of Entire School, Must Immediately Intimate Authorities Of Incidents Under POCSO Act: Madras HC Refuses To Quash Proceedings

Live Law  

While refusing to set aside the criminal proceedings initiated against a school headmaster, the Madras High Court emphasised that the Headmaster was the guardian of the entire school and was expected to report any instances under the Protection of Children from Sexual Offences Act. If any incident covered under POCSO Act has taken place, the same has to be immediately …

Child's Testimony Can't Be Brushed Aside, Punjab & Haryana HC Upholds Teacher's Conviction For Sexually Assaulting Student In School
3 months, 2 weeks ago

Child's Testimony Can't Be Brushed Aside, Punjab & Haryana HC Upholds Teacher's Conviction For Sexually Assaulting Student In School

Live Law  

The Punjab and Haryana High Court has upheld the conviction of a school teacher for sexually assaulting a class 8th student under Protection of Children from Sexual Offences Act, 2012, while noting that the "occurrence took place in school premises. "Justice Amarjot Bhatti said, "as per facts of the case, it is fully covered under the provisions of Section 9 …

Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation
4 months ago

Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation

Live Law  

The Patna High Court has ordered the release of a man in his sixties, previously convicted by a Sessions Court for the rape of his 12-year-old niece, citing the application of a wrong provision of the Protection of Children from Sexual Offences Act, 2012. Learned Trial Court has not noticed the facts that the alleged offence has been committed in …

Five arrested for gang rape of woman, her minor niece in Delhi
4 months, 1 week ago

Five arrested for gang rape of woman, her minor niece in Delhi

Hindustan Times  

The Delhi Police has arrested five men for allegedly gang-raping a 22-year-old woman and her 17-year-old niece after reportedly spiking their drinks with alcohol and driving them to a house in Lajpat Nagar on Saturday night, officers said on Tuesday. The victims, in their statement to the police, said that while they stood outside the club in Defence Colony, five …

Minor sexually assaulted by cousin delivers baby in TN, culprit held under Pocso
4 months, 1 week ago

Minor sexually assaulted by cousin delivers baby in TN, culprit held under Pocso

New Indian Express  

DHARMAPURI: A 28-year-old man was arrested under Pocso Act for allegedly sexually assaulting his minor cousin, studying in Class 11 at a government school near Pallipalayam. On Thursday, she suffered labour pains while in school and delivered a baby girl.” Officials added, “The minor suffered from severe bleeding and was later transferred to Tiruchengode Government Hospital along with the baby. …

Chandigarh: Madrasa teacher held for sexually assaulting minor boy
5 months, 3 weeks ago

Chandigarh: Madrasa teacher held for sexually assaulting minor boy

Hindustan Times  

A 24-year-old teacher at a madrasa in Manimajra was arrested on Friday for allegedly sexually assaulting a 13-year-old student. {{^userSubscribed}} {{/userSubscribed}} {{^userSubscribed}} {{/userSubscribed}} Police said during school hours, the teacher called the boy and asked him to massage his legs, following which, he touched him inappropriately. {{^usCountry}} {{/usCountry}} The accused has been charged under the Protection of Children from Sexual …

Man gets 20 years jail for raping minor in Uttar Pradesh
6 months ago

Man gets 20 years jail for raping minor in Uttar Pradesh

The Hindu  

A POCSO court here sentenced a 22-year-old man to 20 years in prison for raping a minor girl, a government lawyer said on Thursday, September 19, 2024. Additional District Government Counsel Shubham Mishra said that on Wednesday, Special Judge of the POCSO Court Kumar Mayank also fined the accused ₹28,000. Citing the father's complaint, Mr. Mishra said the incident had …

Delhi court sentences man to 12-year jail in minor’s sexual assault case
6 months, 3 weeks ago

Delhi court sentences man to 12-year jail in minor’s sexual assault case

The Hindu  

A New Delhi Court has sentenced a man to 12 years of imprisonment for kidnapping and sexually assaulting a six-year-old girl in 2020. It also awarded ₹7.5 lakh as compensation to the victim, saying the purpose of the criminal justice system is not only to attain catharsis by handing down proportional punishment but also to rehabilitate the victim. “In the …

Badlapur sexual assault case: Maharashtra Bandh to FIR against school for not complying with POCSO Act
6 months, 3 weeks ago

Badlapur sexual assault case: Maharashtra Bandh to FIR against school for not complying with POCSO Act

Live Mint  

Badlapur sexual assault case: An FIR against the school authorities, for not complying with the provisions of section 19 of the POCSO Act, in connection with the alleged sexual assault of two fourth-grade girls at a school in Badlapur, Maharashtra. The SIT in the case said, “FIR registered against the school authorities for not complying to the provisions of section …

Badlapur assault case: SIT registers FIR against school authorities
6 months, 3 weeks ago

Badlapur assault case: SIT registers FIR against school authorities

Op India  

The special investigation team for Badlapur sexual assault against minors has registered an FIR against the school authorities, for not complying with the provisions of section 19 of the POCSO Act which mandates that every authority when they come to know about any such kind of sexual assault against minors are obligated to report this to police authorities for further …

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

Woman can also commit penetrative sexual assault in Pocso cases: Delhi HC
7 months, 1 week ago

Woman can also commit penetrative sexual assault in Pocso cases: Delhi HC

Hindustan Times  

The Delhi high court on Friday held that the offence of penetrative sexual assault under the Protection of Children from Sexual Offences Act can also be invoked against a woman. The court expanded the ambit of the provision while dealing with a plea filed by a woman challenging a city court’s March 2024 order of framing charges of penetrative sexual …

POCSO Act Often Misused To Settle Personal Scores, Even In Matrimonial Disputes False Accusations Made To Deny Custody To Father: Kerala HC
8 months, 1 week ago

POCSO Act Often Misused To Settle Personal Scores, Even In Matrimonial Disputes False Accusations Made To Deny Custody To Father: Kerala HC

Live Law  

The Kerala High Court has cautioned the Police officers as well as Courts to be vigilant against people with ill motivations who misuse the provisions of Prevention of Children from Sexual Offences Act to settle personal scores. Even in matrimonial disputes, it said, minor children are used for alleging POCSO offences so the father of the child would not get …

No Parent In Our Society Can Damage Reputation Of Their Daughter Regarding Her Chastity: Patna High Court Upholds Rape Conviction
8 months, 2 weeks ago

No Parent In Our Society Can Damage Reputation Of Their Daughter Regarding Her Chastity: Patna High Court Upholds Rape Conviction

Live Law  

The Patna High Court while deciding on a criminal appeal against the conviction of appellant under Section 3 POCSO Act for penetrative sexual assault and under Section 376 IPC for rape, observed, The appellant claimed that he was falsely implicated for extortion of money and getting the victim married to him. However, the Court acquitted the appellant under Section 3 …

Man acquitted of sexually assaulting 13-year-old girl
9 months ago

Man acquitted of sexually assaulting 13-year-old girl

Hindustan Times  

MUMBAI: A special Protection of Children from Sexual Offences Act court on Thursday acquitted a 28-year-old booked for sexually assaulting a 13-year-old girl in 2018. HT Image Additional sessions judge Kalana Patil observed that the prosecution failed to prove the charges under Section 8 of the POCSO Act and section 354 of the Indian Penal Code against the man. As …

Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority
10 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 raped for months, impregnated in Karnataka's Hubballi, 19-year-old arrested
10 months, 2 weeks ago

Minor raped for months, impregnated in Karnataka's Hubballi, 19-year-old arrested

India Today  

A 19-year-old man was arrested on charges of raping a minor girl for months and impregnating her in Karnataka's Hubballi. According to the police, the accused allegedly raped the 17-year-old girl several times between January 1, this year, until May 3. "Acting on the complaint, we registered a case and arrested the accused and are ensuring all further police action …

Minor's Sexual Assault Case: SC Refuses Bail To Wife Of Suspended Delhi Govt Officer
10 months, 2 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 …

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 …

[POCSO Act] Kerala HC Upholds Conviction Of Father Accused Of Sexually Assaulting 9-Yr-Old Daughter, Says Life-Sentence Imposed By Trial Court Not Disproportionate
1 year ago

[POCSO Act] Kerala HC Upholds Conviction Of Father Accused Of Sexually Assaulting 9-Yr-Old Daughter, Says Life-Sentence Imposed By Trial Court Not Disproportionate

Live Law  

The Kerala High Court in a recent POCSO matter rejected the appeal of an accused who was convicted for committing aggravated penetrative sexual assault on his nine-year-old daughter. The Court also rejected the argument of the accused that the sentence imposed of 5 years under the POCSO Act, and 1 year under the IPC, was disproportionate to the gravity of …

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 …

[POCSO Act] Mandatory For Any Person Having Knowledge Of Offence To Inform Police Authorities: Punjab & Haryana High Court
1 year ago

[POCSO Act] Mandatory For Any Person Having Knowledge Of Offence To Inform Police Authorities: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that any person knowing about the commission of an offence against a child under the Protection of Children from Sexual Offences Act must inform the police or Special Juvenile Police Unit irrespective of whether the concerned person is a parent of the child or friend.The Court was hearing a plea …

Minor girl allegedly raped, found unconscious at Delhi metro station
1 year ago

Minor girl allegedly raped, found unconscious at Delhi metro station

The Hindu  

A minor girl was allegedly raped by her friend she had met on Instagram on Wednesday, the police said. “The FIR states that the victim and the alleged went to the room of the accused’s friend and they had chole bhature as said by victim, and she was sexually assaulted,” said DCP Rohit Meena. When The Hindu reached out to …

'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 …

Birth Certificate Secondary If School Leaving Cert is Available: Allahabad HC Upholds Prosecution Under POCSO Act
1 year, 1 month ago

Birth Certificate Secondary If School Leaving Cert is Available: Allahabad HC Upholds Prosecution Under POCSO Act

News 18  

The Allahabad High Court recently refused to interfere with the charge sheet in a case registered for offences under the Protection of Children from Sexual Offences Act, 2012, while noting that the victim, as per her School Leaving Certificate, was a minor at the time of the incident. A bench of Justice Anish Kumar Gupta refuted the argument raised by …

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. …

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim
1 year, 3 months 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 …

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 …

Don’t reduce age of consent in Pocso to 16, Law Commission tells govt
1 year, 5 months ago

Don’t reduce age of consent in Pocso to 16, Law Commission tells govt

Hindustan Times  

NEW DELHI: The Law Commission of India has recommended against reducing the age of consent under the child sex abuse law to 16 years but proposed an amendment that would let courts impose a lesser sentence in cases where adolescents engage in consensual sexual relations with a female. The Law Commission has recommended guided judicial discretion in sentencing in cases …

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