‘Grabbing breasts, breaking pyjama string not attempt to rape but…’: Allahabad HC
1 week, 2 days ago

‘Grabbing breasts, breaking pyjama string not attempt to rape but…’: Allahabad HC

Live Mint  

The Allahabad High Court recently altered the charges against two “rape” accused, calling their crime not an attempt to rape but “aggravated sexual assault”. However, the high court, instead, directed that the accused be tried under the minor charge of Section 354-B IPC read with Sections 9/10 of the POCSO Act. The Allahabad High Court observed that grabbing the breasts of the victim, breaking the string of her pyjama and trying to drag her beneath the culvert before fleeing the spot won't come under the offence of rape or an attempt to rape, Live Law reported. Allahabad HC's order details The Allahabad High Court said in its order, “.this court is of the considered opinion that mere fact that according to prosecution version two accused Pawan and Akash grabbed the breasts of the victim and one of them namely Akash broke the string of her pyjama and tried to drag her beneath the culvert and in the meanwhile, on interference of passersby/witnesses, the accused persons fled away from the spot, leaving the victim behind, is not sufficient to hold that a case of Section 376, 511 IPC or Section 376 IPC readwith Section 18 of POCSO Act has been made out against the accused persons."

Court Rape Victim Accused Ipc Act Attempt String Allahabad Akash Pawan Section 376 Her Pyjama  victim  hc  string  akash  breasts  court  breaking  accused  order  grabbing  attempt  tried  ipc  act  rape  pyjama  allahabad

History of this topic

DC Edit | Stop insensitivity about women
2 days, 8 hours ago

DC Edit | Stop insensitivity about women

Deccan Chronicle  

The Supreme Court’s order staying the Allahabad high court’s observation that grabbing a woman’s breasts and breaking the drawstring of her pyjamas do not constitute an “attempt to rape” comes as a much-required relief to law-abiding people. The court calling those observations “totally unknown to canons of law and depict a total insensitive and inhuman approach” offers a framework for …

Explained: Allahabad HC’s controversial ‘grabbing breasts not rape’ order paused by Supreme Court
3 days, 20 hours ago

Explained: Allahabad HC’s controversial ‘grabbing breasts not rape’ order paused by Supreme Court

Firstpost  

A major controversy has erupted over the Allahabad High Court’s ruling in a Protection of Children from Sexual Offences case involving an 11-year-old girl, where it stated that grabbing the victim’s breasts and snapping her pyjama strings did not constitute rape or attempted rape. On Wednesday, the Supreme Court paused the controversial order, calling it a ‘total lack of sensitivity’ …

Supreme Court Stays Allahabad HC's 'Grabbing Minor's Breasts Not Rape' Observation
Top News
3 days, 21 hours ago

Supreme Court Stays Allahabad HC's 'Grabbing Minor's Breasts Not Rape' Observation

ABP News  

The Supreme Court has stayed the Allahabad High Court's recent observation that 'grabbing minor's breasts' is not attempt to rape. The Supreme Court took suo motu cognisance of the controversial observation by the Allahabad High Court that stated grabbing a woman’s breast and pulling the string of her pyjama does not amount to rape. Allahabad High Court’s Controversial Verdict Following …

SC stays Allahabad HC’s ‘grabbing of breast, pulling string not rape’ ruling
3 days, 21 hours ago

SC stays Allahabad HC’s ‘grabbing of breast, pulling string not rape’ ruling

Live Mint  

The Supreme Court stays Allahabad HC observations which said mere grabbing of breast, pulling string of 'pyjama' do not amount to offence of rape, a PTI alert said. SC also issued a notice to the Centre, Uttar Pradesh government and others asking for responses in the suo motu proceedings on the Allahabad HC March 17 order. On March 17, the …

Insensitive, inhuman: Supreme Court pauses 'grabbing breasts not rape' order
Top News
4 days, 3 hours ago

Insensitive, inhuman: Supreme Court pauses 'grabbing breasts not rape' order

India Today  

The Supreme Court on Wednesday paused a controversial order by the Allahabad High Court that held "grabbing breasts" and "breaking the strings of a girl's pyjamas" don't constitute rape or attempt to rape. The Supreme Court, which took suo motu cognisance of the order, which triggered an outrage, said the judgment showed a lack of sensitivity. But since the observations …

Supreme Court takes cognisance of Allahabad HC ruling on attempt to rape, hearing today
4 days, 10 hours ago

Supreme Court takes cognisance of Allahabad HC ruling on attempt to rape, hearing today

Hindustan Times  

NEW DELHI: The Supreme Court on Tuesday initiated proceedings on its own motion against a controversial judgment delivered by the Allahabad high court on March 17 regarding what constitutes an attempt to rape. In her letter, Gupta expressed grave concern over the judgment, stating: “The interpretation by the judge is grossly erroneous, his approach on the subject is insensitive, irresponsible, …

Supreme Court takes note of 'grabbing breasts isn't rape' ruling, hearing today
5 days, 3 hours ago

Supreme Court takes note of 'grabbing breasts isn't rape' ruling, hearing today

India Today  

The Supreme Court on Tuesday took note of the controversial ruling of the Allahabad High Court that grabbing breasts and breaking pyjama strings was not rape. Senior advocate and Supreme Court Bar Association president Kapil Sibal said, "God save this country with such judges adorning the bench! On Monday, the Supreme Court refused to hear a petition regarding the Allahabad …

SC Refuses To Hear Plea Against Allahabad HC's 'Grabbing Breasts Not Rape Attempt' Ruling
Trending News
5 days, 16 hours ago

SC Refuses To Hear Plea Against Allahabad HC's 'Grabbing Breasts Not Rape Attempt' Ruling

ABP News  

The Supreme Court on Monday refused to entertain a plea against the Allahabad High Court ruling, which stated that grabbing minors' breasts, breaking pyjama string and dragging her beneath a culvert is not a crime of rape. The counsel appearing on behalf of the petitioner began his submission by stating something related to the “Beti Bachai Beti Padhao scheme” before …

‘Disqualify’ Allahabad HC Judge: Shiv Sena UBT MP Priyanka Chaturvedi writes to CJI over ‘misguided’ rape verdict
1 week, 1 day ago

‘Disqualify’ Allahabad HC Judge: Shiv Sena UBT MP Priyanka Chaturvedi writes to CJI over ‘misguided’ rape verdict

Live Mint  

Amid the ongoing controversy over the Allahabad High Court's ruling that mere grabbing of the breast and breaking of the string of a 'pyjama' do not amount to the offence of rape, Shiv Sena UBT Rajya Sabha MP Priyanka Chaturvedi has written to Chief Justice of India Sanjiv Khanna, seeking disqualification of Justice Ram Manohar Narayan Mishra who passed the …

Delhi Court Upholds Non-Framing Of Attempt To Rape Charge Against Accused Who Allegedly Pushed Woman's Breasts, Tried To Untie Her 'Salwar' Knot
1 week, 1 day ago

Delhi Court Upholds Non-Framing Of Attempt To Rape Charge Against Accused Who Allegedly Pushed Woman's Breasts, Tried To Untie Her 'Salwar' Knot

Live Law  

A Delhi Court recently upheld an order of the Metropolitan Magistrate which refused to frame a Rape/attempt to rape charges against a man who has been accused of forcibly entering into the complainant's house, assaulting her, as well as pushing her breasts, besides trying to open her salwar's knot and “trying to rape her”. However, such bald allegation, in the …

Allahabad high court's ‘insensitive’ rape ruling slammed: ‘Dangerous for society’
1 week, 1 day ago

Allahabad high court's ‘insensitive’ rape ruling slammed: ‘Dangerous for society’

Hindustan Times  

After the Allahabad high court issued a controversial observation on what constitutes a rape charge, Union minister Annapurna Devi and several others have slammed the court and called for judicial reforms. Union minister Annapurna Devi and several other politicians slammed the Allahabad high court for an 'insensitive' rape ruling Union minister Annapurna Devi, on Friday, addressed the Allahabad high court's …

Grabbing breasts, snapping pyjama string not attempt to rape: Allahabad High Court
1 week, 1 day ago

Grabbing breasts, snapping pyjama string not attempt to rape: Allahabad High Court

Hindustan Times  

Grabbing breasts of the victim, breaking the string of her pyjama and trying to drag her beneath the culvert are not enough to charge an accused with the offence of rape or attempt to rape, the Allahabad high court observed recently, describing such an act as “aggravated sexual assault” while modifying a summoning order and altering the charges against two …

Wrong judgment: Minister slams High Court's 'grabbing breasts isn't rape' ruling
1 week, 2 days ago

Wrong judgment: Minister slams High Court's 'grabbing breasts isn't rape' ruling

India Today  

Union Minister Annapurna Devi expressed her disappointment over Allahabad High Court’s recent ruling that grabbing the breasts of a girl, breaking the string of her pyjama and trying to drag her does not amount to charges of rape or an attempt to rape. The minister’s reaction came after a bench of Justice Ram Manohar Narayan Mishra modified an earlier trial …

Grabbing breast and snapping pyjama string do not constitute rape: Allahabad high court
Top News
1 week, 2 days ago

Grabbing breast and snapping pyjama string do not constitute rape: Allahabad high court

Hindustan Times  

The Allahabad high court stated that grabbing the breast of a victim and snapping her pyjama string would not be considered rape or attempt to rape. The case in which the court observed the definition pertains to two accused grabbing the breasts of an 11-year-old victim, tearing her pyjama string and trying to drag her beneath a culvert in Uttar …

Grabbing breasts, breaking minor victim's pyjama string not rape attempt: Allahabad High Court
Top News
1 week, 2 days ago

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

Op India  

In a controversial decision, the Allahabad High Court has ruled that drabbing the breasts of a minor girl and breaking her pyjama drawstring is not an attempt to rape. The accusations against two “rape” accused were recently amended by the Allahabad High Court, which referred to their offence as “aggravated sexual assault” rather than an attempt at rape. “The allegations …

'Grabbing Woman's Breast, Breaking Her Pyjama String Not Attempt To Rape': HC
Trending News
1 week, 2 days ago

'Grabbing Woman's Breast, Breaking Her Pyjama String Not Attempt To Rape': HC

ABP News  

The Allahabad High Court has observed that "grabbing the breasts of a woman", "breaking the string of her pyjama", and "trying to drag her beneath the culvert before fleeing the spot" won't come under the offence of attempt to rape but prima facie an "aggravated sexual assault". However, the High Court directed that the accused be tried under the minor …

Grabbing girl's breasts, breaking pyjama string not rape: High Court
1 week, 3 days ago

Grabbing girl's breasts, breaking pyjama string not rape: High Court

India Today  

Allahabad High Court has recently ruled that grabbing the breasts of a girl, breaking the string of her pyjama and trying to drag her does not amount to charges of rape or an attempt to rape. A bench of Justice Ram Manohar Narayan Mishra modified an earlier trial court order that had summoned two accused, Pawan and Akash, under Section …

Lawyer seeks action against Allahabad High Court judge over 'not rape' ruling
1 week, 3 days ago

Lawyer seeks action against Allahabad High Court judge over 'not rape' ruling

India Today  

A senior lawyer of the Supreme Court has written to Chief Justice of India Sanjiv Khanna, requesting him to take note of the controversial ruling made by an Allahabad High Court judge and seeking that the concerned judge be immediately removed from the criminal roster. The senior lawyer's request came in light of the High Court judge saying that grabbing …

Grabbing minor's breasts, breaking pyjama's string not attempt to rape: Allahabad High Court
1 week, 3 days 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 …

Grabbing breasts, breaking pyjama string is not enough for charge of attempt to rape, says Allahabad HC
1 week, 3 days ago

Grabbing breasts, breaking pyjama string is not enough for charge of attempt to rape, says Allahabad HC

The Hindu  

Grabbing a girl’s breasts, breaking her pyjama strings, and trying to drag her beneath the culvert is not enough to charge a perpetrator with the offence of rape, or an attempt to rape, the Allahabad High Court said this week, making a distinction between the “preparation stage” and an “actual attempt”. The accused, Pawan and Akash, were summoned by a …

Grabbing Breasts, Breaking Minor Victim's Pyjama String Not Attempt To Rape But Prima Facie 'Aggravated Sexual Assault': Allahabad HC
1 week, 3 days ago

Grabbing Breasts, Breaking Minor Victim's Pyjama String Not Attempt To Rape But Prima Facie 'Aggravated Sexual Assault': Allahabad HC

Live Law  

Observing that grabbing the breasts of the victim, breaking the string of her pyjama and trying to drag her beneath the culvert before fleeing the spot won't come under the offence of rape or an attempt to rape, the Allahabad High Court recently modified a summoning order, altering the charges against two accused. Initially summoned to face trial under Section …

Pressing, touching minor’s lips without sexual advances not ‘aggravated sexual assault’: Delhi High Court
Trending News
3 weeks, 1 day 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
3 weeks, 1 day 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 …

Complaint By Men Against Women Not Gospel Truth: Kerala HC Grants Bail To Mother Accused Of Sexually Abusing Breast-Feeding Daughter
3 weeks, 3 days ago

Complaint By Men Against Women Not Gospel Truth: Kerala HC Grants Bail To Mother Accused Of Sexually Abusing Breast-Feeding Daughter

Live Law  

The Kerala High Court recently allowed the bail application of a woman who was accused by her husband of committing aggravated sexual assault on their one-and-half-year old daughter. “In the order dated 24.02.2025, in B.A No.2241 of 2025, this Court observed that, there cannot be any unilateral investigation based on the complaint of a lady, treating it as gospel truth. …

Vaginal entry of penis not needed for rape under Pocso: Kerala High Court
1 month ago

Vaginal entry of penis not needed for rape under Pocso: Kerala High Court

India Today  

The Kerala High Court recently ruled that the entry of a penis into the vagina is not essential to constitute penetrative sexual assault under the Protection of Children from Sexual Offences Act. "In other words, penetration of the male genital organ within the labia majora or the vulva, with or without any emission of semen or even an attempt at …

A Minor Rape Survivor In Our Country Would Rather Suffer Silently Than Falsely Implicate Someone: Allahabad High Court
1 month, 3 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 …

Allahabad HC Grants Bail to Muslim Man Accused of Kidnapping Hindu Girl
4 months, 1 week 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. …

'Injury Bound To Occur If Victim Of Tender Age Is Subjected To Rape': Allahabad HC Acquits Accused In 2001 Rape Case
7 months ago

'Injury Bound To Occur If Victim Of Tender Age Is Subjected To Rape': Allahabad HC Acquits Accused In 2001 Rape Case

Live Law  

On Wednesday, the Allahabad High Court acquitted an accused who was sentenced to life imprisonment by a trial court for allegedly raping a 6-year-old girl in 2001 as it noted that the medical evidence did not show any injury caused to the victim girl. A bench of Justice Ashwani Kumar Mishra and Justice Dr Gautam Chowdhary noted that at the …

Woman can also commit penetrative sexual assault in Pocso cases: Delhi HC
7 months, 2 weeks 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 …

Sextortion cases: Punjab and Haryana HC for criminal proceedings against those filing false cases
1 year ago

Sextortion cases: Punjab and Haryana HC for criminal proceedings against those filing false cases

Hindustan Times  

The Punjab and Haryana high court has recommended a slew of measures for dealing with sextortion cases and asked the police of Punjab, Haryana and Chandigarh to consider criminal prosecution against those filing false complaints. While dealing with such a case, the high court bench of justice Anoop Chitkara observed that this cannot be allowed to go on as it …

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 …

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, 2 months 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. …

Undressing & Sleeping Over Minor Victim, Asking To Penetrate Her Private Part Amounts To ‘Sexual Assault’, Not Rape: Orissa High Court
1 year, 8 months ago

Undressing & Sleeping Over Minor Victim, Asking To Penetrate Her Private Part Amounts To ‘Sexual Assault’, Not Rape: Orissa High Court

Live Law  

The Orissa High Court has recently held that undressing a girl under the age of 12 years, sleeping over her and merely asking her to penetrate her private part with male organ of the accused does not amount to rape. or ‘penetrative sexual assault’ as defined in section 3 of the POCSO Act.” The Prosecution Case The victim was five …

'Victim Was Trapped In Pornography Web': Allahabad High Court Denies Bail To Advocate Accused Of Raping Client
1 year, 10 months ago

'Victim Was Trapped In Pornography Web': Allahabad High Court Denies Bail To Advocate Accused Of Raping Client

Live Law  

The Allahabad High Court on Friday denied bail to an advocate who has been accused of repeatedly making physical relationships with the victim, his client, against her wishes after threatening her with dire consequences.While rejecting his bail plea, the bench of Justice Saurabh Shyam Shamshery was of the view that the accused is well acquainted with the victim and since …

Unless Minor Victim Specifically Denies, Existence Of A Physical Relationship Is To Be Presumed If Victim-Accused Solemnised Marriage: Allahabad HC
1 year, 10 months ago

Unless Minor Victim Specifically Denies, Existence Of A Physical Relationship Is To Be Presumed If Victim-Accused Solemnised Marriage: Allahabad HC

Live Law  

In a significant ruling, the Allahabad High Court has held that unless a minor victim denies explicitly the existence of physical relation, it can be presumed that the victim and accused, who lived as husband-wife or that they solemnised marriage, had established physical relation.The Bench of Justice Saurabh Shyam Shamshery further held in those cases where the existence of a. …

Ejaculation Not Necessary Pre-Requisite For Purpose Of Proving 'Penetrative Sexual Assault' Under POCSO Act: Andhra Pradesh High Court
1 year, 11 months ago

Ejaculation Not Necessary Pre-Requisite For Purpose Of Proving 'Penetrative Sexual Assault' Under POCSO Act: Andhra Pradesh High Court

Live Law  

Upholding the conviction of an accused in a case of rape, the Andhra Pradesh High Court said all that is required to prove the offence of ‘penetrative sexual assault’, defined under Section 3 of the POCSO Act is, mere penetration. The counsel for the accused contended that the trial court did not properly appreciate the medical evidence on record and …

Allegations Of Sexual Assault On Rise; Inordinate Delay In Lodging FIR To Be Considered At The Stage Of Bail: Allahabad HC
2 years, 1 month ago

Allegations Of Sexual Assault On Rise; Inordinate Delay In Lodging FIR To Be Considered At The Stage Of Bail: Allahabad HC

Live Law  

Observing that false implication in sexual offences is on a rise, the Allahabad High Court last week granted bail to two men accused of committing gang rape against a married woman while stressing that inordinate delay in lodging the FIR has to be considered at the time of adjudicating bail plea.The bench of Justice Krishan Pahal further added that much …

Woman Can Be Tried for Gang-Rape If She Facilitated the Act, Rules Allahabad High Court
2 years, 1 month ago

Woman Can Be Tried for Gang-Rape If She Facilitated the Act, Rules Allahabad High Court

News 18  

A single judge bench of the Allahabad High Court recently ruled that though a woman cannot commit rape, if she facilitated the act with a group of people, then she may be prosecuted for gang-rape. Section 376-D of the IPC is a distinct and separate offence of gang-rape, according to which, a woman is raped by ‘one or more persons’ …

'Serious Offence': Allahabad HC Denies Bail To Man Accused Of Raping Physically Challenged Woman On False Promise To Marry
2 years, 2 months ago

'Serious Offence': Allahabad HC Denies Bail To Man Accused Of Raping Physically Challenged Woman On False Promise To Marry

Live Law  

The Allahabad High Court recently denied bail to a man accused of raping a physically challenged woman on the pretext of marriage and thereafter, refusing to marry her. It may be noted the accused-Pintu Kumar has been accused of luring the victim, a physically challenged lady having no legs, to have sex with him by extending a false promise to …

‘Accused Needs Counselling’: Allahabad HC Denies Bail to Juvenile Teacher for Sexually Assaulting 8-Year-Old
2 years, 4 months ago

‘Accused Needs Counselling’: Allahabad HC Denies Bail to Juvenile Teacher for Sexually Assaulting 8-Year-Old

News 18  

The Allahabad High Court has denied bail to a juvenile, accused of sexually assaulting his eight-year-old student when she came to study religious scriptures from him. Accordingly, it dismissed the criminal revision petition moved by the juvenile challenging the bail rejection order of the Juvenile Justice Board, Kasganj, which was affirmed by the Special Judge, Act, Kasganj, and held that …

Slightest Penetration is Enough to Establish Rape, Says Meghalaya HC, Rejects POCSO Convict's Appeal
2 years, 5 months ago

Slightest Penetration is Enough to Establish Rape, Says Meghalaya HC, Rejects POCSO Convict's Appeal

News 18  

The Meghalaya High Court has recently held that penetrative sexual assault does not require deep or complete penetration and that even the “slightest penetration” would attract penal provisions under Protection of Children from Sexual Offences Act Act, 2012. The court has taken the view in a case concerning the rape of a seven-and-a-half-year-old girl by a 60-year-old man on March …

Allahabad High Court Denies Bail To POCSO Accused Who Married Minor, Established Physical Relation With Her 'Consent'
2 years, 5 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 …

Touching Child's Private Parts With Sexual Intent Sufficient To Attract POCSO Act, Absence Of Injury Not Relevant: Bombay High Court
2 years, 7 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 …

Kerala court says sexual harassment invalid if woman wears provocative dress: When rulings let down women
2 years, 7 months ago

Kerala court says sexual harassment invalid if woman wears provocative dress: When rulings let down women

Firstpost  

From observation on marital rapes to what constitutes aggravated sexual assault under the POCSO Act, courts across India have made statements that have angered women and child right activists as well as people on social media. Here are a few such instances when rulings fell short of expectations Kozhikode sessions court in Kerala on Wednesday granted bail to author and …

Making Victim Naked Proves Culpable Mental State, Touching Private Part Not Required: Calcutta HC Upholds Conviction For Aggravated Sexual Assault In POCSO Case
2 years, 10 months ago

Making Victim Naked Proves Culpable Mental State, Touching Private Part Not Required: Calcutta HC Upholds Conviction For Aggravated Sexual Assault In POCSO Case

Live Law  

The Calcutta High Court on Friday upheld conviction for the offence of aggravated sexual assault under Section 10 of the Protection of Children from Sexual Offences Act by opining that surrounding circumstances like the accused making the minor victim girl naked prove the culpable mental state of the accused. Justice Bibek Chaudhuri also rejected the argument that since nobody saw …

"Victim Narrated Her Ordeal In Words & Signs": Allahabad High Court Denies Bail To 62 Y/O Man Accused Of Raping 3 Y/O Girl
2 years, 10 months ago

"Victim Narrated Her Ordeal In Words & Signs": Allahabad High Court Denies Bail To 62 Y/O Man Accused Of Raping 3 Y/O Girl

Live Law  

The Allahabad High Court recently denied bail to a 62-year-old person accused of raping a 3-year-old girl as it noted that prima facie it was evident that the accused had committed an inhuman act of rape on a 3-year-old minor girl.The Bench of Justice Saurabh Shyam Shamshery also noted that the 3-year-old victim girl had narrated her ordeal in words …

'Even if victim's breasts were not developed': Calcutta high court ruling on sexual assault
2 years, 11 months ago

'Even if victim's breasts were not developed': Calcutta high court ruling on sexual assault

Hindustan Times  

The Calcutta high court has recently ruled that even if the breasts of an alleged sexual assault victim are not developed, the offence will be considered as a sexual assault as long as it's proved that the accused had touched the specific part of the body with sexual intent, LiveLaw reported. Touching the vagina, penis, anus or breasts of a …

Vague Statement In Victim's Testimony With No Indication Of Penetration Not Proof Of Rape: Kerala High Court
3 years, 3 months ago

Vague Statement In Victim's Testimony With No Indication Of Penetration Not Proof Of Rape: Kerala High Court

Live Law  

The Kerala High Court on Wednesday observed that a statement from the victim that the accused hugged her with no indication of penetration would not attract the offence of rape under Section 375 IPC.Justice Kauser Edappagath observed that a vague statement would not be a substitute for the statutory mandate contained in the said Section:"Mere statement by the victim in …

Error corrected: The Hindu Editorial on interpreting POCSO Act
3 years, 4 months ago

Error corrected: The Hindu Editorial on interpreting POCSO Act

The Hindu  

The Supreme Court has done well to correct an egregious error of interpretation committed by a judge in the Nagpur Bench of the Bombay High Court in holding that sexual assault on a child victim would require “skin-to-skin” contact. It has set aside two judgments that acquitted two offenders against children from the graver charge of sexual assault, even while …

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