Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC
1 day, 22 hours ago

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court has observed that after setting the criminal machinery into motion, the complainant's role ends, and the complainant or the child victim has no locus standing to file the petition for quashing a POCSO Case, that too, in the name of saving the family's honour. At the outset, the Court opined that the complainant's role ends after the criminal machinery is set in motion, and thus, a petition for quashing the serious offence cannot be entertained on behalf of the victim or complainant. “…this Court is of the view that the petitioner, being complainant/father of the child victim, has no locus standi to file the present petition, seeking the quashing of FIR, in question, mainly on the ground to save the honour of the family. In the name of honour of the family, the heinous offence, as committed, in the present case, cannot be quashed or swept under the carpet,” the bench remarked.

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History of this topic

POCSO case against BSY: Victim’s brother releases video seeking speedy justice
15 hours, 26 minutes ago

POCSO case against BSY: Victim’s brother releases video seeking speedy justice

The Hindu  

Upset over the case related to the petition of former Chief Minister B.S. Yediyurappa to quash the chargesheet against him under provisions of the Protection of Children from Sexual Offences Act, 2012, dragging on for eight months now, the victim’s elder brother has appealed to Chief Minister Siddaramaiah to take steps to ensure speedy justice. Under CID probe In March …

HC gives relief to the Speaker in 2019 case
1 week, 2 days ago

HC gives relief to the Speaker in 2019 case

Deccan Chronicle  

Hyderabad:In a relief to Telangana Assembly Speaker Gaddam Prasad Kumar, the Telangana High Court quashed the proceedings filed against him for the crime registered during the 2019 Lok Sabha elections. G. Prasad Kumar, who served as an MLA until 2018, along with Konda Vishwesheshwar Reddy, T. Ram Mohan Reddy, former MLA Pargi, Pilot Rohit Reddy, MLA Tandur, A. Sudhakar Reddy, …

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner
2 weeks, 2 days ago

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner

Live Law  

While hearing a habeas corpus petition wherein a woman had claimed that her female partner had been detained by her parents, the Andhra Pradesh High Court while upholding the right of women to cohabit together said that the detenue was major and her family cannot restrain her from taking her own life decisions. The division bench of Justice R. Raghunandan …

Cannot Quash POCSO Case Against BS Yediyurappa Based On Witnesses Statement Denying Alleged Incident: Karnataka High Court
3 weeks ago

Cannot Quash POCSO Case Against BS Yediyurappa Based On Witnesses Statement Denying Alleged Incident: Karnataka High Court

Live Law  

The Karnataka High Court on Wednesday expressed a prima facie view that it was not possible for it to quash proceedings initiated against former Chief Minister B S Yediyurappa registered under the Protection of Children From Sexual Offences Act Act, solely on the statements of witnesses recorded under Section 161 which have given a contrary view to that of the …

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court
3 weeks ago

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court

Live Law  

The Kerala High Court has held that remote chance of conviction due to compromise between the accused and the complainant should not serve as a ground to terminate investigation abruptly and to quash the FIR and further proceedings in serious offences involving POSCO Act. The court further said that legal position was comprehensive that criminal proceedings involving very serious offences …

No Mother Would Help Her Son Commit Rape By Spiking Victim's Drink: Bombay High Court Quashes Case
3 weeks, 2 days ago

No Mother Would Help Her Son Commit Rape By Spiking Victim's Drink: Bombay High Court Quashes Case

Live Law  

In a significant ruling, the Bombay High Court at Aurangabad, recently held that a mother will never help her son to rape a woman by herself spiking the victim's drink.A division bench of Justices Vibha Kankanwadi and Rohit Joshi quashed the First Information Report lodged against a man and his mother, both booked for raping a woman and impregnating her. …

[POCSO Act] Quashing Of Serious Offence To Efface Evidence Already Recorded Cannot Be Done Even At Instance Of Survivor: Kerala High Court
3 weeks, 4 days ago

[POCSO Act] Quashing Of Serious Offence To Efface Evidence Already Recorded Cannot Be Done Even At Instance Of Survivor: Kerala High Court

Live Law  

The Kerala High Court dismissed a petition filed by the victim of a POCSO offence to quash the proceedings saying that serious offences are involved and the trial had reached at the end stage. The Court noted that that the accused is alleged of committing serious offences like aggravated penetrative sexual assault against the minor. Justice A. Badharudeen observed that …

So Horrendous: Karnataka HC Refuses To Quash FIR Against Madarasa Trustee For Not Reporting Alleged Sexual Assault Of Minor By Two Teachers
4 weeks, 1 day ago

So Horrendous: Karnataka HC Refuses To Quash FIR Against Madarasa Trustee For Not Reporting Alleged Sexual Assault Of Minor By Two Teachers

Live Law  

The Karnataka High Court has refused to quash case registered against founder trustee of a Madarasa who did not report to the police about the alleged incident of unnatural sexual assault committed by two Madarasa teachers on a minor boy. Justice M Nagaprasanna dismissed the petition filed by Mohammed Aamir Raza who is the trustee of Manik Mastan Madarasa and …

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
1 month ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

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

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy
Top News
1 month ago

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy

Hindustan Times  

NEW DELHI: The Supreme Court on Monday shielded YSR Congress Party’s social media head Sajjala Bhargava Reddy from arrest for two weeks to enable him to approach the high court for bail, observing the interim protection was akin to allowing the petitioner to get first aid while the state government was “raining FIRs” on him. Former Andhra Pradesh chief minister …

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case
1 month ago

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case

Live Law  

The Punjab & Haryana High Court has quashed the FIR and related proceedings under the Scheduled Castes and the Scheduled Tribes Act, 1989, observing that it was no where mentioned in the FIR lodged by the complainant that accused persons were aware of his caste. These observations were made while hearing the plea to quash the criminal complaint lodged in …

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders
1 month, 1 week ago

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders

Live Law  

The Karnataka High Court on Wednesday quashed proceedings initiated against Karnataka State BJP President B Y Vijayendra in connection with an FIR registered over an allegedly offensive post made on X, by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress. As per the prosecution case on April 19 MCC Nodal officer of Gandhinagar informed the complainant …

Karnataka HC To Consider Whether POCSO Act Is Gender Neutral Or Not, Stays Proceedings Against Woman Accused Of Sexually Assaulting Minor
1 month, 1 week ago

Karnataka HC To Consider Whether POCSO Act Is Gender Neutral Or Not, Stays Proceedings Against Woman Accused Of Sexually Assaulting Minor

Live Law  

While staying further proceedings in a POCSO Act case registered against a 52-year-old woman on a complaint by the parents of a minor boy, the Karnataka High Court on Wednesday orally said that considering the case was against a woman it would have to lay down whether the law is gender neutral or not. Senior Advocate Hashmath Pasha appearing for …

Before Starting Enquiry, ICC Can Try To Settle POSH Act Case: Madhya Pradesh HC Allows NIT Asst Prof's Plea Against Dismissal From Service
1 month, 2 weeks ago

Before Starting Enquiry, ICC Can Try To Settle POSH Act Case: Madhya Pradesh HC Allows NIT Asst Prof's Plea Against Dismissal From Service

Live Law  

“It is clear that no procedure was followed by the respondents as provided under Rule 14 of Rules of 1965…the enquiry is nothing but an eye wash because the same was conducted without following any procedure which had to be mandatorily followed. The witnesses did not physically appear before the Enquiry Officer and no opportunity to cross-examine those witnesses is …

Thane Police moves High Court for custody of Shinde Sena worker in Pocso case
1 month, 3 weeks ago

Thane Police moves High Court for custody of Shinde Sena worker in Pocso case

India Today  

Thane police have filed an appeal in the Bombay High Court against a sessions court order that denied their request for custody of a Shiv Sena party worker accused of sexually assaulting an 11-year-old girl under the Protection of Children from Sexual Offences Act. However, the court rejected the remand application, citing procedural lapses, particularly the absence of a required …

CRPC | Magistrate Need Not Pass Detailed Order At Process Issuance Stage, Application Of Mind Is Crucial: J&K High Court
1 month, 4 weeks ago

CRPC | Magistrate Need Not Pass Detailed Order At Process Issuance Stage, Application Of Mind Is Crucial: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that while a formal or reasoned order is not mandatory when a Magistrate issues a process under Sections 190/204 of the Criminal Procedure Code, it is crucial that the Magistrate's order shows an indication of thoughtful consideration of the matter. The Court observed that while there is no requirement for …

Sexual Assault Under POCSO Can't Be Quashed Based On 'Compromise', Offence Is Heinous & Not Of Private Nature : Supreme Court
2 months ago

Sexual Assault Under POCSO Can't Be Quashed Based On 'Compromise', Offence Is Heinous & Not Of Private Nature : Supreme Court

Live Law  

The Supreme Court today set aside the Rajasthan High Court's decision which quashed the 'sexual assault' complaint against a teacher. "We are at a loss to understand how the High Court arrived at the conclusion that in the case on hand a dispute to be resolved exists between the parties and further that to maintain harmony the FIR and all …

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court
2 months ago

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court

Firstpost  

The verdict, which was reserved way back in October 2023, came in a matter that dealt with the question of whether a High Court, in exercise of its powers under Section 482 CrPC, can quash a sexual harassment case based on compromise between the accused and the survivor. Supreme Court on Thursday set aside Rajasthan High Court’s decision to quash …

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order
2 months, 3 weeks ago

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order

News 18  

The Supreme Court has quashed a case filed against a man for rape on false promise of marriage. The court found that there was a huge irregularity between the statements of the complainant that the accused ‘established physical relationship with her without her consent’ and ‘started living with her as her husband’. The bench also noted that it was evident …

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request
4 months, 1 week ago

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request

The Hindu  

The High Court of Karnataka, on the request made by the Special Public Prosecutor, on Friday adjourned till September 5 further hearing on the petition filed by former Chief Minister B.S. “If Mr. Yediyurappa is destined to go to jail he will, I am ready to argue the case,” said Mr. Nagesh while pointing out that on the one hand, …

Madras HC Quashes POCSO Case Against Woman Who Alleged Mother & Sister Illegaly Retained Her Daughter's Custody, Orders Child To Be Returned
4 months, 2 weeks ago

Madras HC Quashes POCSO Case Against Woman Who Alleged Mother & Sister Illegaly Retained Her Daughter's Custody, Orders Child To Be Returned

Live Law  

In an unusual order, the Madras High Court has invoked its extraordinary jurisdiction in a habeas corpus case, to quash the criminal proceedings initiated against a woman under the Protection of Children from Sexual Offences Act. After granting custody to the woman, the court went a step further and examined the POCSO proceedings initiated against her on the complaint of …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
5 months, 2 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 …

POCSO Act | Showing Private Parts, Dirty Movies To A Child Is Prima Facie 'Sexual Harassment': Uttarakhand High Court
5 months, 2 weeks ago

POCSO Act | Showing Private Parts, Dirty Movies To A Child Is Prima Facie 'Sexual Harassment': Uttarakhand High Court

Live Law  

The Uttarakhand High Court has observed that the exhibition of private parts to a child, showing him dirty films, would prima facie amount to 'sexual harassment' of a child and make out an offence under Section 11 read with Section 12 of the POCSO Act. Against the backdrop of these observations, the Court said that the sexual intent of the …

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC
6 months, 1 week ago

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC

Live Law  

The Karnataka High Court has held that a petition calling in question the entire proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 would be maintainable before the High Court, not the Sessions Court. The complainant opposed the quashing petition saying that an appeal should be preferred before the Sessions Court under Section 29 …

Karnataka High Court to hear BS Yediyurappa's plea to dismiss POCSO charges
6 months, 1 week ago

Karnataka High Court to hear BS Yediyurappa's plea to dismiss POCSO charges

India TV News  

The Karnataka High Court is set to hear former Chief Minister BS Yediyurappa's plea seeking the dismissal of charges related to alleged sexual assault against a minor today. Background on charges Recently, the Karnataka Police filed a chargesheet against Yediyurappa under the Protection of Children from Sexual Offenses Act, 2012. Legal maneuvers Earlier this month, the Karnataka High Court had …

Supreme Court Issues Notice On UP Congress President Ajai Rai's Plea To Quash Case Under UP Gangsters Act
6 months, 2 weeks ago

Supreme Court Issues Notice On UP Congress President Ajai Rai's Plea To Quash Case Under UP Gangsters Act

Live Law  

The Supreme Court today issued notice to the State of Uttar Pradesh on the petition filed by UP Congress President Ajay Rai for quashing the criminal trial against him under offences of the UP Gangsters and Anti-Social Activities Act 1986. The vacation bench of Justices AS Oka and Rajesh Bindal was hearing the challenge to the order of the Allahabad …

Truth will prevail in court: Yediyurappa's son Vijayendra on POCSO case against father
6 months, 3 weeks ago

Truth will prevail in court: Yediyurappa's son Vijayendra on POCSO case against father

New Indian Express  

BENGALURU: State BJP President B Y Vijayendra on Friday reacted to the Karnataka High Court restraining the CID from arresting his father and former chief minister B S Yediyurappa in a POCSO case, and said that the truth will prevail in the "temple of justice". Earlier in the day, the high court restrained the Criminal Investigation Department from arresting the …

Non-bailable arrest warrant against Yediyurappa in POCSO case; ex-CM seeks anticipatory bail
6 months, 3 weeks ago

Non-bailable arrest warrant against Yediyurappa in POCSO case; ex-CM seeks anticipatory bail

New Indian Express  

The special court to try cases registered under the Protection of Children from Sexual Offences Act in Bengaluru has issued a non-bailable warrant against the former Chief Minister of Karnataka and senior BJP leader B S Yediyurappa, on Thursday. Sadashivanagar police had booked Yediyurappa under Section 8 of the POCSO Act and Section 354A of the IPC based on a …

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution
7 months ago

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution

Live Law  

Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who did not disclose in the plea that a similar petition was dismissed for "non-prosecution. Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who …

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench
7 months ago

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench

The Hindu  

The Greater Chennai City Police on Thursday, June 6, 2024, filed a sub application before the Madras High Court claiming that Justice G. Jayachandran had agreed with the view taken by Justice P.B. Balaji, in a habeas corpus petition filed against YouTuber ‘Savukku’ Shankar alias A. Shankar’s detention under the Goondas Act, and therefore, the case must now be referred …

HC delivers split verdict on legality of Savukku’s arrest
7 months, 2 weeks ago

HC delivers split verdict on legality of Savukku’s arrest

Hindustan Times  

Madras high court on Friday delivered a split verdict in the case of whistleblower-turned-YouTuber Savukku Shankar where justice G R Swaminathan quashed his detention under the Goondas Act while justice P B Balaji differed. Both judges were of the opinion that he must be shifted out of the Coimbatore because Shankar’s mother had filed another habeas corpus petition complaining that …

Madras HC delivers split verdict on legality of detention of 'Savukku' Shankar under Goondas Act
7 months, 2 weeks ago

Madras HC delivers split verdict on legality of detention of 'Savukku' Shankar under Goondas Act

New Indian Express  

CHENNAI: The Madras High Court on Friday delivered a split verdict on the legality of the detention of jailed YouTuber ‘Savukku’ Shankar under the Goondas Act in the wake of his arrest in five different cases including the ones relating to denigrating women police personnel in an interview and possession of ganja. Justice GR Swaminathan, who was presiding the division …

Savukku Shankar’s mother moves High Court challenging his detention under Goondas Act
7 months, 2 weeks ago

Savukku Shankar’s mother moves High Court challenging his detention under Goondas Act

The Hindu  

YouTuber ‘Savukku’ Shankar, alias A. Shankar’s mother A. Kamala has filed a habeas corpus petition in the Madras High Court challenging an order passed by the Greater Chennai Commissioner of Police on May 12 detaining her son under the Goondas Act, 1982. The petitioner had also filed another writ petition, seeking an inquiry by the National Human Rights Commission into …

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

Punjab & Haryana HC Stays FIR Against Youth Congress Leader Contesting Lok Sabha Polls Against Ex-CM Manohar Lal Khattar, Issues Notice On Plea For Quashing
8 months ago

Punjab & Haryana HC Stays FIR Against Youth Congress Leader Contesting Lok Sabha Polls Against Ex-CM Manohar Lal Khattar, Issues Notice On Plea For Quashing

Live Law  

The Punjab & Haryana High Court today, has issued notice on plea filed by Youth Congress leader Divyanshu Budhiraja, seeking quashing of a case registered against him for his alleged failure to appear before the trial court in a criminal case. Budhiraja, is contesting from Haryana's Karnal Lok Sabha seat against former Chief Minister ML Khattar.The plea stated that Budhiraja …

Former Karnataka CM BS Yediyurappa booked under POCSO for alleged sexual assault of minor
9 months, 3 weeks ago

Former Karnataka CM BS Yediyurappa booked under POCSO for alleged sexual assault of minor

New Indian Express  

BENGALURU: Senior BJP leader and former chief minister BS Yediyurappa, who is 81 years old, has been booked under the Protection of Children from Sexual Offences Act after a complaint was filed by the mother of a 17-year-old girl. While the state government referred the case to the Criminal Investigation Department, Yediyurappa termed the allegations baseless and said he is …

Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor
9 months, 3 weeks 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
9 months, 3 weeks 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 …

[POCSO Act] Mandatory For Any Person Having Knowledge Of Offence To Inform Police Authorities: Punjab & Haryana High Court
10 months, 1 week 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 …

'Extraordinary Circumstance': Madras HC Quashes POCSO Case over Minor's Marriage, Prioritising Well-being of Young Children
10 months, 3 weeks 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 …

SC remits 20-year sentence of POCSO convict to save marriage with his victim in Tamil Nadu
11 months ago

SC remits 20-year sentence of POCSO convict to save marriage with his victim in Tamil Nadu

The Hindu  

A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud on Monday remitted the 20-year sentence of a man found guilty of the aggravated sexual assault of a 14-year-old girl whom he later married and had children with in Tamil Nadu. Gavai, passed the order under the extraordinary powers of the Supreme Court to do ‘complete justice’ endowed to …

Bombay High Court Grants Bail To POCSO Accused After Finding That Complainant, Advocate Submitted False & Impersonated Affidavit Before Notary
11 months, 1 week ago

Bombay High Court Grants Bail To POCSO Accused After Finding That Complainant, Advocate Submitted False & Impersonated Affidavit Before Notary

Live Law  

The Bombay High Court recently granted bail to a man accused of sexually assaulting his daughter after finding that the complainant and her advocate, filed a false affidavit in the case. Prima facie, the conduct of the Respondent No.2 and the conduct of the learned Advocate Rohit Kumar amounts to interference in the administration of justice as false and fabricated …

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry
11 months, 2 weeks ago

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry

Live Law  

The Madras High Court recently set aside the conviction and sentence imposed on a man accused of allegedly committing sexual assault on his neighbour on the false promise to marry. Justice KK Ramakrishnan observed that the prosecution had failed to prove the age of the victim girl to constitute an offence under the Prevention of Children From Sexual Offences Act. …

POCSO Act | Repeatedly Following, Watching Or Contacting Child With Sexual Intent Amounts To Sexual Harassment : Jharkhand High Court
1 year ago

POCSO Act | Repeatedly Following, Watching Or Contacting Child With Sexual Intent Amounts To Sexual Harassment : Jharkhand High Court

Live Law  

The Jharkhand High Court has ruled that engaging in persistent acts of following, watching, or contacting a child with sexual intent constitutes sexual harassment under Section 11 of the Protection of Children from Sexual Offences Act, 2012. As such, the act of the present petitioner comes within periphery of section 11 of the POCSO Act, 2012 which amounts sexual harassment …

POCSO Case Initiated Because Engagement Was Called Off: Kerala High Court Quashes Case Upon Noting Subsequent Reconciliation & Marriage Of Parties
1 year ago

POCSO Case Initiated Because Engagement Was Called Off: Kerala High Court Quashes Case Upon Noting Subsequent Reconciliation & Marriage Of Parties

Live Law  

The Kerala High Court recently quashed proceedings under the Protection of Children from Sexual Offences Act and the Indian Penal Code against a man alleged to have sexually abused the victim. Justice Gopinath P. noted that the allegations against the petitioner accused had been launched following his withdrawal from marriage with the victim, after the engagement ceremony. Justice Gopinath P. …

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

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship
1 year, 1 month ago

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship

Live Law  

The Karnataka High Court has quashed a rape case against an accused subject to him solemnizing marriage with the survivor, who claimed they were in a consensual relationship while she was a minor and now having attained majority, intend to marry each other. A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Chikkaredappa and directed him …

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
1 year, 2 months ago

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order

Live Law  

The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High …

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