Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry
1 year, 1 month ago

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

Live Law  

The Madras High Court recently set aside the conviction and sentence imposed on a man accused of allegedly committing sexual assault on his neighbour on the false promise to marry. Justice KK Ramakrishnan observed that the prosecution had failed to prove the age of the victim girl to constitute an offence under the Prevention of Children From Sexual Offences Act. Without any evidence, on the side of the prosecution to prove that the appellant had sexual intercourse with her with the knowledge that victim is minor, the charge framed under Section 5 r/w 5 r/w 6 of POCSO Act is not made out. The case against the appellant was that he had sexual intercourse with the victim girl several times by making a false promise to marry her.

Court Age Victim Appellant Prove False Promise  mans  rw  victim  promise  age  prosecution  offence  proved  marry  girl  sets  sexual  victims  pocso  court  raping  appellant  neighbour  prove

History of this topic

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

Thane court sentences man to 20 years RI for sexually assault of 6-year-old girl
2 days, 18 hours ago

Thane court sentences man to 20 years RI for sexually assault of 6-year-old girl

Hindustan Times  

Thane, A special court in Maharashtra's Thane district sentenced a man to 20 years of rigorous imprisonment for aggravated sexual assault of a six-year-old girl. Thane court sentences man to 20 years RI for sexually assault of 6-year-old girl Special judge D S Deshmukh found the 38-year-old accused, a resident of Bhayandar, guilty of charges under sections 376 and 376 …

'Victim Refused To Undergo Medical Examination': Himachal Pradesh High Court Confirms Pre-Arrest Bail Of Man Accused Of Committing Rape
1 week, 3 days ago

'Victim Refused To Undergo Medical Examination': Himachal Pradesh High Court Confirms Pre-Arrest Bail Of Man Accused Of Committing Rape

Live Law  

The Himachal Pradesh High Court has confirmed a pre-arrest bail of a rape accused, considering factors including that the prosecutrix refused to undergo medico-legal examination. Justice Virender Singh noted that, "It has rightly been highlighted by the learned counsel appearing for the applicant that in the complaint, as well as, as per the stand taken by the police, the prosecutrix …

Refusal Of Alleged Rape Victim To Allow Medical Examination Raises Negative Inference Against Her : Supreme Court
1 week, 5 days ago

Refusal Of Alleged Rape Victim To Allow Medical Examination Raises Negative Inference Against Her : Supreme Court

Live Law  

The Supreme Court has reiterated that adverse inference can be drawn against a woman, who is alleged to be a victim in a rape case, if she refuses medical examination. "It is a well-settled proposition of law that non- allowance of medical examination by an alleged rape- victim raises negative inferences against them," the Court observed, referring to Dola v. …

Pressing, touching minor’s lips without sexual advances not ‘aggravated sexual assault’: Delhi High Court
Trending News
1 week, 6 days 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
1 week, 6 days 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 …

Woman can't claim rape after being in live-in for 16 years: Supreme Court
Trending News
2 weeks, 1 day ago

Woman can't claim rape after being in live-in for 16 years: Supreme Court

India Today  

The Supreme Court has cancelled criminal proceedings against a man, who was accused of sexually assaulting a woman with whom he had a 16-year-long relationship, on the false pretext of marriage. The top court further expressed surprise that the complainant, a highly-qualified individual, endured such decades-long sexual assault without raising any doubt, and only registered the FIR against the accused …

Madras High Court Declines To Interfere With Order To Register FIR Against News Channel For Allegedly Revealing Identity Of POCSO Victim
2 weeks, 1 day ago

Madras High Court Declines To Interfere With Order To Register FIR Against News Channel For Allegedly Revealing Identity Of POCSO Victim

Live Law  

The Madras High Court has recently refused to interfere with an order of the Special Judge for POCSO cases, Chennai, directing registration of an FIR against a Tamil news channel for allegedly revealing the identity of a victim in a POCSO case. The court was hearing a plea filed by NewsTamil 24x7 represented by its Editor, seeking to set aside …

Complaint By Men Against Women Not Gospel Truth: Kerala HC Grants Bail To Mother Accused Of Sexually Abusing Breast-Feeding Daughter
2 weeks, 1 day 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. …

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

Man gets 20 years RI for raping minor girl

Hindustan Times  

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

UP court sentences 17-yr-old to 20 yrs of prison for raping, impregnating minor
2 weeks, 5 days ago

UP court sentences 17-yr-old to 20 yrs of prison for raping, impregnating minor

Hindustan Times  

A court in Uttar Pradesh's Bhadohi has sentenced a 17-year-old boy to 20 years of rigorous imprisonment for raping and impregnating a 15-year-old girl in 2023, PTI reported on Saturday. Special Public Prosecutor Kauleshwar Nath Pandey said that the court also imposed a fine of ₹50,000 on the convict, who is 17 years and six months. He has been sent …

In rare move, Gujarat courts award life terms to 7 rape convicts in a day
2 weeks, 6 days ago

In rare move, Gujarat courts award life terms to 7 rape convicts in a day

Hindustan Times  

In an unprecedented move, various courts in Gujarat's Amreli, Vadodara and Rajkot have sentenced seven rapists to life imprisonment on a single day in POCSO cases. Home minister Harsh Sanghvi said, "The Gujarat Police is moving firmly in the same direction, the result of which can be seen in the strict punishment verdicts given to the accused. He further said …

POCSO Act: All India Annual Digest 2024
3 weeks, 1 day ago

POCSO Act: All India Annual Digest 2024

Live Law  

Sections 4, 6, 29 and 30 - Presumption under the POCSO Act – Applicability and Conviction - Sentence Modification - Socio-Economic Considerations - Parole Denial - The Supreme Court upheld the conviction of the appellant under Sections 302, 364, and 377 of IPC and Sections 4 and 6 of the POCSO Act for the aggravated penetrative sexual assault and murder …

If A Man's Intention While Making Promise To Marry Is To Deceive A Girl Into Sexual Relations, Her Consent Gets Vitiated: Bombay High Court
3 weeks, 2 days ago

If A Man's Intention While Making Promise To Marry Is To Deceive A Girl Into Sexual Relations, Her Consent Gets Vitiated: Bombay High Court

Live Law  

When the promise to marry is false and the intention of the maker at the time of making the promise itself was not to abide by it but to deceive her to convince her to engage in sexual relations, there is a 'misconception of fact' and the same 'vitiates' the girl's consent, the Bombay High Court held recently while upholding …

Vaginal entry of penis not needed for rape under Pocso: Kerala High Court
3 weeks, 3 days 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 …

Probation Of Offenders Act | Orissa HC Releases Man Accused Of Deceitfully Having Sex, Causing Miscarriage Of Minor In 1991
3 weeks, 3 days ago

Probation Of Offenders Act | Orissa HC Releases Man Accused Of Deceitfully Having Sex, Causing Miscarriage Of Minor In 1991

Live Law  

The Orissa High Court has upheld the order of conviction and sentence passed against a man, who was held guilty of having sex with a minor girl by deceitfully inducing her to believe that he was her lawfully married husband and thereafter, causing miscarriage by administering pills. “…while not being inclined to interfere with the same, taking into account the …

'Failure Of Love Not A Crime': Orissa HC Quashes Rape Charges Against Man Accused Of Sex On False Promise Of Marriage
3 weeks, 4 days ago

'Failure Of Love Not A Crime': Orissa HC Quashes Rape Charges Against Man Accused Of Sex On False Promise Of Marriage

Live Law  

The Orissa High Court has quashed rape charges against a man who was accused of having repeated sex with a woman/complainant stretching over a period of about nine years on false promise of marriage. The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi said that non-culmination of the relationship into marriage may be a source of personal grievance but not …

Delhi: Man sentences to 10 years RI for raping 1-year-old minor girl in 2019
3 weeks, 5 days ago

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

Hindustan Times  

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

Bombay High Court grants bail to man booked for raping minor girl
3 weeks, 6 days ago

Bombay High Court grants bail to man booked for raping minor girl

Op India  

A 24-year-old man who was charged with raping a 14-year-old girl was granted bail by the Bombay High Court on 17th February. The court noted that the victim ‘voluntarily’ stayed with the accused for four days and had ‘sufficient knowledge’ and ‘capacity’ to understand the ‘full consequence of her acts’. Prima facie the statement appears to be suspect.” “The conduct …

14 Y/O Girl Had 'Sufficient Knowledge & Capacity' To Understand Her Actions: Bombay HC Grants Bail To POCSO Accused
3 weeks, 6 days ago

14 Y/O Girl Had 'Sufficient Knowledge & Capacity' To Understand Her Actions: Bombay HC Grants Bail To POCSO Accused

Live Law  

The Bombay High Court on Monday granted bail to a 24-year-old man booked for raping a 14-year-old minor girl, noting that the victim had 'sufficient knowledge' and 'capacity' to know the 'full import of her actions' as she 'voluntarily' stayed with the accused for 4 days. In its 10-page order, a bench of Justice Milind Jadhav considered the statements of …

'Country's Image Tarnished' : Patna High Court Raps State Police Over 'Lethargic' Approach In US Minor's Sexual Abuse Case
3 weeks, 6 days ago

'Country's Image Tarnished' : Patna High Court Raps State Police Over 'Lethargic' Approach In US Minor's Sexual Abuse Case

Live Law  

The Patna High Court on Monday came down heavily on the Bihar Police for its “lethargic and lackadaisical” approach in handling the sexual abuse case of a 13-year-old foreign national, stating that the role of the police authority in the matter had “tarnished the image of the country where protection of justice, social, political and economic was granted in the …

55-yr-old, suffering from AIDS, gets 10-yr jail for raping minor stepdaughter
3 weeks, 6 days ago

55-yr-old, suffering from AIDS, gets 10-yr jail for raping minor stepdaughter

Hindustan Times  

MUMBAI: The sessions court has sentenced a 55-year-old Goregaon resident, suffering from AIDS, to 10 years of imprisonment for raping his minor stepdaughter. The court showed leniency by handing him the minimum sentence as his other daughter is also suffering from the disease and there is no one to look after her. 55-yr-old, suffering from AIDS, gets 10-yr jail for …

Juvenile tried as adult, gets 20-yr jail in rape case
1 month ago

Juvenile tried as adult, gets 20-yr jail in rape case

New Indian Express  

LUCKNOW: A special POCSO court, on Monday, sentenced a juvenile to 20 years of imprisonment in connection with his involvement in the rape of the three-year old girl. Special POCSO court judge Vijendra Tripathi clarified that if the convict failed to deposited the penalty, he would have to serve three additional months in jail. However, considering the crime as heinous, …

Bombay HC Grants Bail In POCSO Case, Says 25-Yr Old Accused Was Not A 'Predator' But A “Young Person” In Consensual Relationship With 16-Yr-Old
1 month ago

Bombay HC Grants Bail In POCSO Case, Says 25-Yr Old Accused Was Not A 'Predator' But A “Young Person” In Consensual Relationship With 16-Yr-Old

Live Law  

The Bombay High Court on Thursday while granting bail to a 25-year-old man booked for raping a minor girl of 16 years for 15 months and impregnating her twice, said that he was not a 'sexual predator' but a young person, who was involved in a consensual relationship with the girl. Single-judge Justice Milind Jadhav noted from the statements of …

Man gets 35 years jail term for sexually assaulting minor girl
1 month, 1 week ago

Man gets 35 years jail term for sexually assaulting minor girl

The Hindu  

The Additional District and Sessions Court in Kalaburagi has sentenced a 24-year-old man to 35 years in jail and imposed a fine of ₹29,000 on him for raping a minor girl. As per information provided by Public Prosecutor Shantaveer Tuppad, accused Adarsha Chinde sexually assaulted the girl aged 14 and nine months in May 2023 after promising to marry her. …

Kerala High Court Grants Bail To Man Booked For Sexually Abusing Granddaughter, Notes His Custody Was Causing Further Trauma To Victim
Trending News
1 month, 1 week ago

Kerala High Court Grants Bail To Man Booked For Sexually Abusing Granddaughter, Notes His Custody Was Causing Further Trauma To Victim

Live Law  

The Kerala High Court released a POCSO accused on bail considering that his prolonged custody was causing trauma to the victim. The grandmother of the victim filed an affidavit before the Court saying that her granddaughter gave the statement based on a misunderstanding and minor girl was not interested in the company of the accused. The Court asked Advocate Parvathy …

Often False POCSO Case Launched Against Spouse To Avoid Handing Over Minor Child's Custody: Kerala High Court
1 month, 1 week ago

Often False POCSO Case Launched Against Spouse To Avoid Handing Over Minor Child's Custody: Kerala High Court

Live Law  

Kerala High Court while quashing a POCSO case filed by the mother on behalf of her child against her divorced husband observed that there are instances where one spouse uses their minor child to file false POCSO case against the other, to win custody cases. “In cases when the husband and wife are in loggerheads and one among them sues …

Thane court acquits man in 2018 sexual assault case due to weak prosecution
1 month, 1 week ago

Thane court acquits man in 2018 sexual assault case due to weak prosecution

Hindustan Times  

A court in Maharashtra's Thane district has acquitted a man accused of sexually assaulting a 15-year-old boy in 2018, reprimanding the prosecution for a "half-hearted" investigation. A judge in Maharashtra's Thane district acquitted a man accused of sexually abusing a 15-year-old child in 2018, criticising the prosecution for conducting a "half-hearted" probe. The court of special judge P R Ashturkar, …

Need to demarcate rape from consensual relationship gone sour: Delhi high court
Trending News
1 month, 1 week ago

Need to demarcate rape from consensual relationship gone sour: Delhi high court

Hindustan Times  

Granting bail to a man, the Delhi high court on Monday observed that there should be distinction between rape and a consensual relationship going sour. The Delhi high court Justice Neena Bansal Krishna observed that while it was the duty of the legislature and the executive to enact and implement laws for safety and well-being of women in the workforce, …

Parents of Walayar girls to be tried for committing heinous offences
1 month, 1 week ago

Parents of Walayar girls to be tried for committing heinous offences

The Hindu  

The parents of two minor girls who were found dead in Walayar will be prosecuted for all the offences alleged to have been committed by the prime accused, including aggravated form of rape, unnatural sex, sexual assault on a child and penetrative sex, besides other specific charges levelled against them. Other charges The other charges slapped against the parents include …

Madras HC acquits Pocso convict for lack of corroborative evidence
1 month, 2 weeks ago

Madras HC acquits Pocso convict for lack of corroborative evidence

New Indian Express  

CHENNAI: The Madras High Court acquitted a man who was sentenced to 20 years of imprisonment in a Pocso case for sexual assault of a minor girl. Finding that the prosecution’s case against the convict was weakened by contradictions and lacked substantiated evidence, Justice M Nirmal Kumar set aside the conviction and sentence and ordered the man to be set …

A Minor Rape Survivor In Our Country Would Rather Suffer Silently Than Falsely Implicate Someone: Allahabad High Court
1 month, 2 weeks ago

A Minor Rape Survivor In Our Country Would Rather Suffer Silently Than Falsely Implicate Someone: Allahabad High Court

Live Law  

Denying bail to a man accused of raping a minor girl, the Allahabad High Court has recently observed that in our country, a minor girl, who is a victim of sexual aggression, would rather suffer silently than implicate somebody falsely. A bench of Justice Sanjay Kumar Singh said that the Court must keep in mind while appreciating the evidence of …

Sorry State Of Affairs, Punjab Police Unable To Nab Accused: High Court Seeks Jalandhar Commissioner's Explanation In POCSO Case
1 month, 2 weeks ago

Sorry State Of Affairs, Punjab Police Unable To Nab Accused: High Court Seeks Jalandhar Commissioner's Explanation In POCSO Case

Live Law  

The Punjab and Haryana High Court expressed displeasure over the police's failure to arrest a man accused of raping a minor girl, despite the dismissal of his pre-arrest bail plea in August 2024.Justice Namit Kumar said, "The present case shows the sorry state of affairs of the State machinery, where the police is unable to nab the accused, who has …

Man gets 30 years imprisonment for raping minor
Trending News
1 month, 2 weeks ago

Man gets 30 years imprisonment for raping minor

The Hindu  

An Additional District and Sessions Court in Kalaburagi has sentenced a 21-year-old man to 30-year imprisonment and imposed a fine of ₹36,000 on him for raping a minor girl. As per the information provided by Shantaveer Tuppad, the Public Prosecutor in the case, Anil Karagar, a resident of Navanihal at Kamalapur taluk in Kalaburagi district, sexually assaulted a girl who …

Mere Refusal To Marry Does Not Constitute Offence Of Cheating Unless Ingredients U/S 90 Of IPC Are Met: Gauhati High Court
1 month, 2 weeks ago

Mere Refusal To Marry Does Not Constitute Offence Of Cheating Unless Ingredients U/S 90 Of IPC Are Met: Gauhati High Court

Live Law  

The Gauhati High Court recently set aside the judgment and sentence order passed by a Trial Court under Section 417 of IPC on the ground that mere refusal to marry would not constitute an offence under Section 417 of IPC until and unless the requirement under Section 90 of IPC is established by the prosecution. The single judge bench comprising …

Man gets 78-year RI for sexually assaulting girl
Trending News
1 month, 2 weeks ago

Man gets 78-year RI for sexually assaulting girl

The Hindu  

The Thiruvananthapuram Additional District and Sessions Court, which deals with cases relating to atrocities and sexual violence against women and children, sentenced a 32-year-old man to 78 years of rigorous imprisonment for sexually abusing a minor girl. found the accused, a relative of the 11-year-old survivor, guilty of various offences under various provisions of the Protection of Children from Sexual …

32-yr-old gets 5-yr jail term for molesting 6-yr-old girl
Trending News
1 month, 2 weeks ago

32-yr-old gets 5-yr jail term for molesting 6-yr-old girl

Hindustan Times  

MUMBAI: A special POCSO court sentenced a 32-year-old Vikroli resident to five years imprisonment for molesting a six-year-old girl while she was playing near her house in a parked rickshaw. 32-yr-old gets 5-yr jail term for molesting 6-yr-old girl The incident, according to the prosecution, took place in July 2022 when the girl was playing and the accused, who was …

Mangaluru court sentences man to 20 years RI for raping, impregnating minor
Trending News
1 month, 2 weeks ago

Mangaluru court sentences man to 20 years RI for raping, impregnating minor

The Hindu  

An Additional District and Sessions-cum-Fast Track Court in Mangaluru on Tuesday, sentenced a 43-year-old man from Dharmasthala to 20 years rigorous imprisonment after finding him guilty of repeatedly raping and impregnating a 15-year-old girl. The judge directed the District Legal Services Authority to pay ₹6.45 lakh compensation to the victim girl under the victim compensation scheme. Leading the prosecution initiated …

Court sentences man to 20 years rigorous RI in POCSO case
1 month, 2 weeks ago

Court sentences man to 20 years rigorous RI in POCSO case

Deccan Chronicle  

Hyderabad: A special court for POCSO Act cases sentenced a 32-year-old person to 20 years rigorous imprisonment for raping a five-year-old girl at his house in Secunderabad in November 2023. Special Sessions Judge for POCSO Act cases, B. Pushpalatha, held the accused guilty for the offence punishable under Section 5 read with Section 6 of POCSO Act and Section 376-AB …

'Consensual Relationship Turned Sour': Madras High Court Acquits Man Convicted For Committing Rape On False Promise Of Marriage
1 month, 3 weeks ago

'Consensual Relationship Turned Sour': Madras High Court Acquits Man Convicted For Committing Rape On False Promise Of Marriage

Live Law  

The Madras High Court has recently quashed a case against a 26-year-old man who was convicted and sentenced for allegedly raping his partner on a false promise to marry. The court also noted that the victim's statement revealed that the couple's physical relationship was not merely due to the alleged promise to marry and that the couple shared a good …

Madras HC forms SIT to probe leak of minor survivor’s statement in sexual assault case
1 month, 3 weeks ago

Madras HC forms SIT to probe leak of minor survivor’s statement in sexual assault case

Hindustan Times  

The Madras high court on Friday constituted a special investigation team in addition to a SIT that was already appointed by the Supreme Court in the case of a 10-year-old girl who was sexually assaulted in Chennai. The Madras high court on Friday constituted a special investigation team in addition to a SIT that was already appointed by the Supreme …

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

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

The Hindu  

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

Bombay High Court acquits a father convicted of raping his daughter by trial court
1 month, 3 weeks ago

Bombay High Court acquits a father convicted of raping his daughter by trial court

Op India  

The Nagpur bench of the Bombay High Court recently acquitted a middle-aged man who was convicted of raping his minor daughter by the trial court. The father looked after the alleged victim and her brother The Judge noted that the complaint was filed 7 years after his wife left the appellant. The judge also took notice of the fact that …

No Father Would Sexually Assault His Daughter And No Daughter Would Level Such Allegations Against Her Father But Mistakes Can Occur: Bombay HC
1 month, 3 weeks 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 …

Child Sexual Abuse Cases Within Families Raise Serious Concerns
1 month, 3 weeks ago

Child Sexual Abuse Cases Within Families Raise Serious Concerns

Deccan Chronicle  

Hyderabad: Child sexual abuse within families remains a serious concern despite stringent punishments under the Protection of Children from Sexual Offences Act. "Half of the Pocso cases involve family members, mainly fathers or uncles," additional public prosecutor Ram Reddy told Deccan Chronicle. Meanwhile, Dr. Manchala Hrishikesh Giri Prasad, associate professor, department of child psychiatry, Niloufer Hospital, while speaking about the …

Karnataka High Court reserves verdict on Yediyurappa’s petition challenging POCSO case
2 months ago

Karnataka High Court reserves verdict on Yediyurappa’s petition challenging POCSO case

The Hindu  

The High Court of Karnataka on Friday reserved its judgment on the petition filed by former Chief Minister B.S. ‘No sexual assault’ Earlier, Senior Advocate C.V. Nagesh, appearing for Mr. Yediyurappa, denied the allegation and contended that the statements given by the witnesses and the pieces of evidence disclose that there is not even probability of occurrence of the incident …

Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC
2 months ago

Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC

Live Law  

The Allahabad High Court has observed that the act of sexual exploitation under the false promise of marriage is a reprehensible offence which reduces the victim to an object for someone's personal gratification. This Court is of the view that the applicant's act cannot be executed by a subsequent offer of marriage,” the single judge observed in its order denying …

Cases Involving Serious Allegations Of Sexual Assault Cannot Be Quashed Even At Victim's Instance: Kerala High Court
2 months ago

Cases Involving Serious Allegations Of Sexual Assault Cannot Be Quashed Even At Victim's Instance: Kerala High Court

Live Law  

The Kerala High Court recently held that criminal proceedings in cases involving serious allegations of sexual assault cannot be quashed, even at the instance of a victim. If the prosecution evidence would show, prima facie, materials to hold that the offences are made out, quashment on the ground of settlement moved by the accused or the defacto complainant could not …

Physical Relation Not Considered Against Will If Married Woman With Experience In Sex Offers No Resistance: Allahabad HC
2 months ago

Physical Relation Not Considered Against Will If Married Woman With Experience In Sex Offers No Resistance: Allahabad HC

Live Law  

While granting bail to a man accused of committing rape against a 30-year-old widow having three children, the Allahabad High Court observed that if a married woman having experience in sex does not offer resistance, it cannot be said that her physical relation with a man was against her will. A bench of Justice Sanjay Kumar Singh observed this while …

Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court
2 months, 1 week ago

Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court

Live Law  

While granting bail to a man accused of sexually exploiting a married woman on the pretext of providing her government job, the Allahabad High Court recently observed that nowadays, there can be no presumption that in all rape cases, the prosecutrix would always tell the entire story truthfully. “No doubt in the matter of rape, the statement of the prosecutrix …

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