Child Abuse Scars Victims & Leads To Long Term Consequences; Early Recognition, Prevention Crucial In Safeguarding Children: Calcutta High Court
11 months, 2 weeks ago

Child Abuse Scars Victims & Leads To Long Term Consequences; Early Recognition, Prevention Crucial In Safeguarding Children: Calcutta High Court

Live Law  

The Calcutta High Court has upheld the conviction of a man under Sections 376 and 511 IPC, for the offence of attempt to rape and Section 354 of the IPC for outraging the modesty of the 10-year-old victim girl. It was the case of the prosecution that the accused groped the minor victim's breasts from behind and hugged her while she was returning alone from the toilet.A single bench. It was the case of the prosecution that the accused groped the minor victim's breasts from behind and hugged her while she was returning alone from the toilet. In the present case, the evidence on record has proved the case beyond all reasonable doubt against the appellant that the victim a minor was hugged from behind and the accused touched her breasts, when she was returning from the toilet at 6 a.m. alone, the Court noted.

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History of this topic

Sexual assault of children by trusted persons frequent: Delhi HC
2 months ago

Sexual assault of children by trusted persons frequent: Delhi HC

Hindustan Times  

New Delhi, The Delhi High Court has denied bail to a man accused of sexually assaulting his minor neighbour and said sexual assault among children by trusted persons was frequent. Sexual assault of children by trusted persons frequent: Delhi HC Justice Swarana Kanta Sharma made the observation while denying bail to the man accused of sexual harassment and aggravated sexual …

No Father Would Sexually Assault His Daughter And No Daughter Would Level Such Allegations Against Her Father But Mistakes Can Occur: Bombay HC
2 months ago

No Father Would Sexually Assault His Daughter And No Daughter Would Level Such Allegations Against Her Father But Mistakes Can Occur: Bombay HC

Live Law  

While acquitting a 43-year-old man convicted for raping his own minor daughter, the Bombay High Court observed that in ordinary circumstances, a daughter will not level such allegation against her father and even the father will not rape his own daughter. In his December 5, 2024 judgment, which was made available on Wednesday, Justice Sanap observed, "It is true that …

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court
4 months, 2 weeks ago

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court

Live Law  

The Calcutta High Court has upheld the conviction of an accused who was sentenced under Section 363 of the IPC for the offence of kidnapping a 15-year-old girl who was returning from school with her father.On her way home, she passed a Maruti car parked on the road. The Calcutta High Court has upheld the conviction of an accused who …

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court
4 months, 2 weeks ago

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court

Live Law  

The Calcutta High Court has upheld the conviction of an accused who was sentenced under Section 363 of the IPC for the offence of kidnapping a 15-year-old girl who was returning from school with her father.On her way home, she passed a Maruti car parked on the road. The Calcutta High Court has upheld the conviction of an accused who …

"Juveniles Treated Too Leniently In This Country, Legislature Has Still Not Learnt Any Lessons From Horrors Of Nirbhaya": MP High Court
6 months, 1 week ago

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

Live Law  

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

Bombay High Court Upholds Life Sentence Of Man Convicted For Sexually Abusing Five Minor Girls
6 months, 2 weeks ago

Bombay High Court Upholds Life Sentence Of Man Convicted For Sexually Abusing Five Minor Girls

Live Law  

The Bombay High Court on Wednesday upheld the conviction and the life sentence imposed on a 40-year-old man, who was convicted for sexually abusing at least five minor girls.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan upheld the March 29, 2014 judgment of a special court in Thane, which convicted Ramesh Gopnur for raping five minor girls and …

Pocso case: Delhi court says punishment must correspond to offence
8 months, 1 week ago

Pocso case: Delhi court says punishment must correspond to offence

Hindustan Times  

The punishment awarded to a convict should be commensurate with the gravity of offence in order to serve as an effective deterrent to like-minded people, a Delhi court said while sentencing a man for raping a minor girl in 2019. Additional sessions judge Susheel Bala Dagar sentenced Ashraf Rain to life imprisonment under section 6 of the Prevention of Children …

No Parent In Our Society Can Damage Reputation Of Their Daughter Regarding Her Chastity: Patna High Court Upholds Rape Conviction
8 months, 3 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 …

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 …

[POCSO Act] When “Ring Of Truth” Found In Victim's Story, Her Non-Examination By Police Is Of No Consequence: Calcutta High Court
1 year, 9 months ago

[POCSO Act] When “Ring Of Truth” Found In Victim's Story, Her Non-Examination By Police Is Of No Consequence: Calcutta High Court

Live Law  

The Calcutta High Court has recently upheld the conviction of a boy who allegedly “pawed” at a minor girl while she was accompanied by her mother in a public area. A single-judge bench of Justice Siddhartha Roy Chowdhury upheld the conviction on the basis on the minor’s testimony and noted that non-examination of the victim by the Police would be …

Calcutta High Court Acquits Man In Rape Case, Says Physical Relationship Was Consensual
1 year, 10 months ago

Calcutta High Court Acquits Man In Rape Case, Says Physical Relationship Was Consensual

Live Law  

The Calcutta High Court on Wednesday set aside the conviction under Section 376 of IPC of a rape accused, on the ground that physical relationship between the appellant and the victim was consensual and the age of the victim was not conclusively established by the prosecution before the Trial Court. The victim in her deposition before the trial court submitted …

Removing Minor Victim's Pant After She Herself Refuses To, Amounts To Attempt To Commit Rape: Calcutta High Court
2 years, 1 month ago

Removing Minor Victim's Pant After She Herself Refuses To, Amounts To Attempt To Commit Rape: Calcutta High Court

Live Law  

The Calcutta High Court has recently held that removing a minor victim's pants after she refused to do so herself amounts to an attempt to commit the offence of rape. Emphasising that the appellant's act of forcibly removing the minor victim's pants amounts to an attempt to commit the offence of rape, the Court ruled, “.asking the victim to remove …

State Must Ensure Compensation To Child Sexual Abuse Victims: Delhi HC
2 years, 4 months ago

State Must Ensure Compensation To Child Sexual Abuse Victims: Delhi HC

News 18  

Hearing a case regarding the compensation to child survivors of sexual abuse, the Delhi High Court recently observed that survivor-centric justice is the key to preventing the revictimisation of the survivor. “In my opinion, survivor-centric justice is the key to prevent revictimisation of the survivor,” the order of Justice Jasmeet Singh said, pointing out tht justice for survivors of sexual …

[POCSO Act] Child Sexual Abuse Increasing Alarmingly, Courts Must Imbibe Legislative Wisdom: Delhi High Court
2 years, 5 months ago

[POCSO Act] Child Sexual Abuse Increasing Alarmingly, Courts Must Imbibe Legislative Wisdom: Delhi High Court

Live Law  

Observing that offences against minors, especially sexual assault, are increasing alarmingly, the Delhi High Court on Tuesday stressed that it is necessary for the courts to "imbibe the legislative wisdom" behind enactment of the Protection of Children Against Sexual Offences Act. Observing that rape is a heinous crime which is abhorrent not only as against the victim but also against …

[Sexual Offences] Calcutta HC Issues Slew Of Directions To Special Courts To Ensure Smooth & Prompt Examination Of Minor Victims
2 years, 6 months ago

[Sexual Offences] Calcutta HC Issues Slew Of Directions To Special Courts To Ensure Smooth & Prompt Examination Of Minor Victims

Live Law  

The Calcutta High Court recently issued a slew of directions to the Special Courts to ensure a smooth, prompt and seamless examination of the minor victim of sexual offences.The bench of Justice Joymalya Bagchi and Justice Ananya Bandyopadhyay issued the directions while rejecting a bail plea filed by POCSO accused as it noted that the trial Court had failed to …

Delayed trial gives undue advantage to accused in cases of child sexual abuse: Bombay HC
2 years, 11 months ago

Delayed trial gives undue advantage to accused in cases of child sexual abuse: Bombay HC

India Today  

The Bombay HC on Friday said that a delay in trials in cases of sexual abuse often leads to re-victimisation and ignominy while rejecting a bail application of an HIV-positive rape accused. The court said that delayed trial process itself makes the victim re-live the horrific experience and in cases of small children, due to their vulnerability, it may lead …

No Adverse Inference Can Be Drawn Against Prosecution For Not Examining A Vulnerable Witness In Control & Custody Of Accused : Calcutta High Court
3 years, 1 month ago

No Adverse Inference Can Be Drawn Against Prosecution For Not Examining A Vulnerable Witness In Control & Custody Of Accused : Calcutta High Court

Live Law  

The Calcutta High Court has recently held that non-examination of a minor child who was in the control and custody of an accused would not adversely affect the prosecution's case as it is natural for her to be subjected to undue influence or tutoring by the accused. In the instant case, the appellant had been convicted of murdering his wife …

Absence Of Injuries On Victim's Body Will Not Render Commission Of Offence Improbable: Calcutta HC Upholds Conviction Of Man For Raping 7 Yr Old Girl
3 years, 1 month ago

Absence Of Injuries On Victim's Body Will Not Render Commission Of Offence Improbable: Calcutta HC Upholds Conviction Of Man For Raping 7 Yr Old Girl

Live Law  

The Calcutta High Court has recently upheld the conviction of a man for raping a 7 year old girl by observing that mere penetration is sufficient to prove the offence of rape and that presence of injuries on the body of the victim is not necessary. A Bench comprising Justices Bivas Pattanayak and Joymalya Bagchi observed, "It has also been …

Minor's Deposition Should Be Completed Expeditiously, Bombay High Court Seeks Explanation From Trial Judge On Delay
3 years, 1 month ago

Minor's Deposition Should Be Completed Expeditiously, Bombay High Court Seeks Explanation From Trial Judge On Delay

Live Law  

The Bombay High Court has said that in cases under the Protection of Children from Sexual Offences Act, where the victims are minor, the trial court should complete the deposition of the victim as expeditiously as possible. The court, in the case at hand, has also called for a report from the concerned trial court since there was no progress …

Lacunae In Prosecution Case Due To Patent Contradictions Cannot Be Cured By Resorting To Statutory Presumption U/S 29 POCSO Act: Calcutta HC
3 years, 1 month ago

Lacunae In Prosecution Case Due To Patent Contradictions Cannot Be Cured By Resorting To Statutory Presumption U/S 29 POCSO Act: Calcutta HC

Live Law  

The Calcutta High Court on Wednesday observed that lacunae in the prosecution case due to patent contradictions or inherent improbabilities cannot be cured by resorting to statutory presumption under Section 29 of the Protection of Children from Sexual Offences Act, 2012. When the primary facts relating to time, place and circumstances constituting the offence are not prima facie established due …

Bombay High Court judge quashes another POCSO conviction
4 years, 1 month ago

Bombay High Court judge quashes another POCSO conviction

The Hindu  

The Nagpur Bench of the Bombay High Court on Thursday held that “The acts of ‘holding the hands of the prosecutrix’, or ‘opened zip of the pant’ in the opinion of this Court, does not fit in the definition of ‘sexual assault’ ”, and quashed the conviction of a man under the Protection of Children from Sexual Offences Act. He …

How Bombay High Court’s Interpretation of POCSO Act Fails Us
4 years, 2 months ago

How Bombay High Court’s Interpretation of POCSO Act Fails Us

The Quint  

A shocking judgment was recently passed by the Nagpur Bench of the Bombay High Court, wherein it was held that in absence of "skin-to-skin" contact, while groping a 12-year-old child's breasts, no offence of sexual assault would be made under Section 7 of the Protection of Children from Sexual Offences Act, 2012. The Supreme Court, on Wednesday, 27 January, stayed …

Breaking: Youth Bar Association of India Moves Supreme Court Challenging Bombay High Court's 'Skin To Skin' POCSO Judgment
4 years, 2 months ago

Breaking: Youth Bar Association of India Moves Supreme Court Challenging Bombay High Court's 'Skin To Skin' POCSO Judgment

Live Law  

The Youth Bar Association of India and three women have moved the Supreme Court challenging the recent "skin to skin" judgment of the Bombay High Court as per which, groping a child's breasts without 'skin-to-skin contact' would not amount to 'sexual assault under POCSO Act. In the impugned judgment, the Nagpur Bench of the Bombay High Court held that such …

Rape Is A Crime Of Power, Not Just Of Lust: Delhi HC Upholds Conviction For Child Rape [Read Judgment]
5 years, 8 months ago

Rape Is A Crime Of Power, Not Just Of Lust: Delhi HC Upholds Conviction For Child Rape [Read Judgment]

Live Law  

Delhi High Court reiterated the position of law on the reliability of evidence given by child witnesses while upholding a conviction for child rape. The Single Bench of Justice Hari Shankar also explained the threshold to establish 'penetrative act' under section 3 of POCSO, and went on to comment upon the heinous character of crimes of such nature. The court, …

Bombay HC Sets Aside Rape Conviction Of 19 yr Old boy, Says Possibility Of false Implication Cannot Be Ruled Out [Read Judgment]
5 years, 10 months ago

Bombay HC Sets Aside Rape Conviction Of 19 yr Old boy, Says Possibility Of false Implication Cannot Be Ruled Out [Read Judgment]

Live Law  

The Bombay High Court recently quashed and set aside the conviction of a 19-year-old in a rape case. Case Background According to the prosecution, on March 10, 2009, the day of Holi, when the victim was celebrating outside, three accused including the appellant dragged her to a nearby river, which was approximately 10 minutes walking distance and the appellant raped …

‘If prosecution fails, the court must protect survivor’s rights’: Bombay high court
5 years, 11 months ago

‘If prosecution fails, the court must protect survivor’s rights’: Bombay high court

Hindustan Times  

The Bombay high court recently held that in the event of the prosecution failing to prove guilt of the accused, it was the responsibility of the court to safeguard the rights of the survivor. ‘If prosecution fails, the court must protect survivor’s rights’: Bombay high court The court was hearing an appeal by a rape convict against his 20-year conviction …

In “Indian Setting”, Mother Won’t File False Case Of Sexual Assault Involving Her Daughter: Bombay HC [Read Judgment]
6 years, 7 months ago

In “Indian Setting”, Mother Won’t File False Case Of Sexual Assault Involving Her Daughter: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently upheld the conviction of a man for sexually assaulting a ten-year-old girl in Pune, observing that it is highly unlikely for a mother to file a false case of sexual assault involving her daughter in the “Indian setting”.The observations were made by Justice AM Badar, who was hearing an Appeal filed by one Rajendra Bhima …

Child Rape Inexcusable; No Mercy Or Leniency Should Be Shown To Offender: Delhi High Court [Read Judgment]
6 years, 9 months ago

Child Rape Inexcusable; No Mercy Or Leniency Should Be Shown To Offender: Delhi High Court [Read Judgment]

Live Law  

The Delhi High Court recently upheld the conviction and sentence awarded to a child rapist, asserting that "child rape is inexcusable" and that "no leniency or mercy can be shown" to the convict.The Bench comprising Justice S.P. The Delhi High Court recently upheld the conviction and sentence awarded to a child rapist, asserting that "child rape is inexcusable" and that …

Child Rape Inexcusable; No Mercy Or Leniency Should Be Shown To Offender: Delhi High Court [Read Judgment]
6 years, 9 months ago

Child Rape Inexcusable; No Mercy Or Leniency Should Be Shown To Offender: Delhi High Court [Read Judgment]

Live Law  

The Delhi High Court recently upheld the conviction and sentence awarded to a child rapist, asserting that "child rape is inexcusable" and that "no leniency or mercy can be shown" to the convict.The Bench comprising Justice S.P. The Delhi High Court recently upheld the conviction and sentence awarded to a child rapist, asserting that "child rape is inexcusable" and that …

When Protector Becomes Perpetrator, Victim Has No Option, But To Surrender: Bombay HC Rejects Convicted Step-Father’s Appeal [Read Judgment]
7 years, 4 months ago

When Protector Becomes Perpetrator, Victim Has No Option, But To Surrender: Bombay HC Rejects Convicted Step-Father’s Appeal [Read Judgment]

Live Law  

The Nagpur bench of the Bombay High Court rejected an appeal filed by a 55-year-old man from Wardha who was convicted of raping his minor step-daughter and was sentenced to life by the trial court.The bench of Justice RK Deshpande and Justice MG Giratkar accepted the findings of the trial court and the appellant’s conviction under Section 5 punishable under …

When Protector Becomes Perpetrator, Victim Has No Option, But To Surrender: Bombay HC Rejects Convicted Step-Father’s Appeal [Read Judgment]
7 years, 4 months ago

When Protector Becomes Perpetrator, Victim Has No Option, But To Surrender: Bombay HC Rejects Convicted Step-Father’s Appeal [Read Judgment]

Live Law  

The Nagpur bench of the Bombay High Court rejected an appeal filed by a 55-year-old man from Wardha who was convicted of raping his minor step-daughter and was sentenced to life by the trial court.The bench of Justice RK Deshpande and Justice MG Giratkar accepted the findings of the trial court and the appellant’s conviction under Section 5 punishable under …

Bombay HC Partly Allows Appeal Against Order Of Conviction That Sentenced Accused Separately Under POCSO Act, Sec 376 [Read Judgment]
7 years, 6 months ago

Bombay HC Partly Allows Appeal Against Order Of Conviction That Sentenced Accused Separately Under POCSO Act, Sec 376 [Read Judgment]

Live Law  

Partly allowing an appeal against conviction of an accused under Section 4 of the Protection of Children from Sexual Offences Act as well Section 376 of IPC, the Bombay High Court has said although the accused is held guilty under both counts, he can only be sentenced under one which has greater punishment.A bench of Justice AM Badar was hearing …

Bombay HC Partly Allows Appeal Against Order Of Conviction That Sentenced Accused Separately Under POCSO Act, Sec 376 [Read Judgment]
7 years, 6 months ago

Bombay HC Partly Allows Appeal Against Order Of Conviction That Sentenced Accused Separately Under POCSO Act, Sec 376 [Read Judgment]

Live Law  

Partly allowing an appeal against conviction of an accused under Section 4 of the Protection of Children from Sexual Offences Act as well Section 376 of IPC, the Bombay High Court has said although the accused is held guilty under both counts, he can only be sentenced under one which has greater punishment.A bench of Justice AM Badar was hearing …

Man Acquitted From Charges Of POCSO For Doubt Over Age Of Victim [Read Judgment]
8 years ago

Man Acquitted From Charges Of POCSO For Doubt Over Age Of Victim [Read Judgment]

Live Law  

The Madhya Pradesh High Court has exonerated an appellant from the charges under provisions of Protection of Children against Sexual Offences Act given the prosecution failed to prove the prosecutrix was minor at the time of incident.While the court maintained conviction of the appellant for offences punishable under section 354 of Indian Penal Code.The appellant was convicted for attempt. The …

Man Acquitted From Charges Of POCSO For Doubt Over Age Of Victim [Read Judgment]
8 years ago

Man Acquitted From Charges Of POCSO For Doubt Over Age Of Victim [Read Judgment]

Live Law  

The Madhya Pradesh High Court has exonerated an appellant from the charges under provisions of Protection of Children against Sexual Offences Act given the prosecution failed to prove the prosecutrix was minor at the time of incident.While the court maintained conviction of the appellant for offences punishable under section 354 of Indian Penal Code.The appellant was convicted for attempt. The …

Judge is expected to remain sensitive when a child of tender age is examined as Witness: Delhi HC [Read Judgment]
8 years, 7 months ago

Judge is expected to remain sensitive when a child of tender age is examined as Witness: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has recently held that the Presiding Officer is expected to remain sensitive when a child of tender age is under examination. The Court has made the above observation while dismissing an Appeal filed by Accused Hazari Paswan against his conviction and sentence for offence punishable under Section 10 of POCSO Act and sentenced to undergo RI for …

Children are our country's future and they need to be protected from sexual abuse; Delhi HC directs all Criminal Court to take all measures to ensure the true testimony of the child witnesses [Read...
9 years, 5 months ago

Children are our country's future and they need to be protected from sexual abuse; Delhi HC directs all Criminal Court to take all measures to ensure the true testimony of the child witnesses [Read...

Live Law  

Delhi High Court in a recent Judgment emphasised the need to protect children from Sexual abuse; Justice P.S.Teji who wrote the Judgment in Ankush Kumar v. State held as follows;"Child sexual abuse is one of the most pervasive social problems faced by our society. Delhi High Court in a recent Judgment emphasised the need to protect children from Sexual abuse; …

Children are our country's future and they need to be protected from sexual abuse; Delhi HC directs all Criminal Court to take all measures to ensure the true testimony of the child witnesses [Read...
9 years, 5 months ago

Children are our country's future and they need to be protected from sexual abuse; Delhi HC directs all Criminal Court to take all measures to ensure the true testimony of the child witnesses [Read...

Live Law  

Delhi High Court in a recent Judgment emphasised the need to protect children from Sexual abuse; Justice P.S.Teji who wrote the Judgment in Ankush Kumar v. State held as follows;"Child sexual abuse is one of the most pervasive social problems faced by our society. Delhi High Court in a recent Judgment emphasised the need to protect children from Sexual abuse; …

HC for no leniency to minor's rapist, upholds sentence |IndiaTV News
9 years, 10 months ago

HC for no leniency to minor's rapist, upholds sentence |IndiaTV News

India TV News  

New Delhi: Taking strong note of the rape committed by a youth on a minor kid, an act which instills a feeling of "fear, insecurity" and a brooding sense of "shame and guilt" for no fault on the victim, the Delhi High Court refused to show any leniency in punishment to the culprit. "It is now well-settled principle of law …

Modesty of a woman has to be strongly guarded and Courts should not show any leniency to the offenders: SC
11 years, 5 months ago

Modesty of a woman has to be strongly guarded and Courts should not show any leniency to the offenders: SC

Live Law  

The Supreme Court held that with the social condition prevailing in the society, the modesty of a woman has to be strongly guarded and the Courts should not show any leniency to the offenders even if the offender is a minor. The appellant Ajahar Ali was found guilty for the offence punishable under Section 354 of Indian Penal Code by …

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