Supreme Court Yearly Digest 2022- POCSO Act

Protection of Child from Sexual Offences Act, 2012 Protection of Children From Sexual Offences Act, 2012 - Any act of sexual assault or sexual harassment to the children should be viewed very seriously and all such offences of sexual assault, sexual harassment on the children have to be dealt with in a stringent manner - Cases of sexual assault or sexual harassment on the children are instances of perverse lust for sex where even innocent children are not spared in pursuit of such debased sexual pleasure. Nawabuddin v. State of Uttarakhand, 2022 LiveLaw 142 : AIR 2022 SC 910 : 5 SCC 419 Protection of Children from Sexual Offences Act, 2012 - Appeal against HC order that granted bail to POCSO Accused who allegedly raped and murdered his 11 year old daughter - Allowed - Ex facie, the allegations are grave, the punishment is severe and it cannot be said that there are no materials on record at all - Order set aside. Indresh Kumar v. State of Uttar Pradesh, 2022 LiveLaw 610 Protection of Children from Sexual Offences Act, 2012 - Appeal against Kerala HC order which granted conditional anticipatory bail to POCSO Accused who allegedly sexually assaulted his minor neice - Allowed - The fact that the victim – girl is traumatized to such a high degree that her academic pursuits have been adversely impacted alone, coupled with the legislative intent especially reflected through Section 29 of the POCSO Act, are sufficient to dissuade a Court from exercising its discretionary jurisdiction in granting pre­arrest bail. Nawabuddin v. State of Uttarakhand, 2022 LiveLaw 142 : AIR 2022 SC 910 : 5 SCC 419 Protection of Children From Sexual Offences Act, 2012 - Section 3 - Penetrative sexual assault - When it has been established and proved that the accused penetrated his finger in the vagina and because of that the victim girl felt pain and irritation in urination as well as pain on her body and there was redness and swelling around the vagina found by the doctor, the case would fall under Section 3 of the POCSO Act. X vs Principal Secretary, Health and Family Welfare Department, Govt of NCT Of Delhi, 2022 LiveLaw 809 : AIR 2022 SC 4917 Protection of Children from Sexual Offences Act, 2012; Section 19, 21 - Non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more often than not, it is an attempt to shield the offenders of the crime of sexual assault - Prompt and proper reporting of the commission of offence under the POCSO Act is of utmost importance and we have no hesitation to state that its failure on coming to know about the commission of any offence thereunder would defeat the very purpose and object of the Act.