Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC
6 months, 1 week ago

Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC

Live Law  

The Jharkhand High Court has reiterated that sexual assaults, typically not occurring in public, do not necessitate corroboration in every instance. The court highlighted that unless a victim's testimony contains something significantly unusual, it should not be dismissed solely for lack of medical evidence. The division bench, led by Justices Ananda Sen and Gautam Kumar Choudhary, noted, “At the outset, it need to be noted that the Evidence Act is a pragmatic document and proof a fact depends upon the facts and circumstance of each case. The Court clarified that once a sentence was imposed under Section 4 of the POCSO Act, it was unnecessary to impose a sentence under Section 376 IPC. "These contradictions coupled with non-corroboration by medical evidence and delay in lodging the FIR by about 18 days renders the prosecution case doubtful.

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History of this topic

'Victim Refused To Undergo Medical Examination': Himachal Pradesh High Court Confirms Pre-Arrest Bail Of Man Accused Of Committing Rape
1 week, 2 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 …

Long Delay In Test Identification Parade Coupled With Infirmities Makes The Case Doubtful: Madhya Pradesh HC Sets Aside 2014 Rape Conviction
2 months ago

Long Delay In Test Identification Parade Coupled With Infirmities Makes The Case Doubtful: Madhya Pradesh HC Sets Aside 2014 Rape Conviction

Live Law  

The division bench of Justice Vivek Agarwal and Justice Devnarayan Mishra, “ In the present case, delay in identifying the accused in the Court of law when prosecutrix was being examined is fatal to the case of the prosecution. It is also not the case of the prosecution that accused were not arrested in time and therefore, despite the fact …

Indian courts, despite their flaws, have been firm on POCSO cases: How the Himachal HC's refusal to allow 'compromise' sends an important message
2 months, 1 week ago

Indian courts, despite their flaws, have been firm on POCSO cases: How the Himachal HC's refusal to allow 'compromise' sends an important message

Op India  

Each year, countless girls and boys globally encounter sexual abuse and exploitation. The court cited the Supreme Court’s 2012 verdict in Gian Singh v. State of Punjab, which clearly established that “prior to invoking the authority under Section 482 of the CrPC, the high court must carefully consider the nature and severity of the offense.” It further asserted that “serious …

Gujarat HC raps law machinery for invoking POCSO Act in molestation case 8 years after FIR
2 months, 2 weeks ago

Gujarat HC raps law machinery for invoking POCSO Act in molestation case 8 years after FIR

Hindustan Times  

Ahmedabad, The Gujarat High Court has berated the police and prosecution for invoking sections of the Protection of Children from Sexual Offences Act against four men in a molestation case eight years after the FIR was filed and when the trial was near completion. The court said the investigating agency as well as prosecution prima facie failed to discharge their …

Presumption Of Guilt U/S 29 Of POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction
2 months, 2 weeks ago

Presumption Of Guilt U/S 29 Of POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction

Live Law  

The Punjab & Haryana High Court has acquitted two men in a sexual assault case under the Protection of Children from Sexual Offences Act, observing that the presumption under Section 29 for abetting or attempting to commit certain offences under the Act cannot be drawn on account of lack of evidence.As per Section 29 of the POCSO Act, where a …

Presumption Of Guilt U/S Of 29 POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction
2 months, 2 weeks ago

Presumption Of Guilt U/S Of 29 POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction

Live Law  

The Punjab & Haryana High Court has acquitted two men in a sexual assault case under the Protection of Children from Sexual Offences Act, observing that the presumption under Section 29 for abetting or attempting to commit certain offences under the Act cannot be drawn on account of lack of evidence. As per Section 29 of the POCSO Act, where …

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms
2 months, 3 weeks ago

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms

Live Law  

In a recent judgement, the Jharkhand High Court has reiterated that a conviction and sentence can be based on the testimony of a solitary witness if it inspires confidence and is wholly reliable. Finding weight in the argument advanced on behalf of the appellants, the division bench of Justice Ananda Sen and Justice Gautam Kumar Choudhary observed, “I find weight …

POCSO Act | Absence Of Semen In Penetrative Sexual Assault Will Not Weaken Victim's Testimony: Punjab & Haryana High Court
3 months, 2 weeks ago

POCSO Act | Absence Of Semen In Penetrative Sexual Assault Will Not Weaken Victim's Testimony: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has said that in case of penetrative sexual assault under the Protection of Children from Sexual Offences Act, 2012, victim's testimony cannot be question merely on the ground that no semen is detected in the DNA report.Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "when in the event of any penetrative sexual …

Withholding Rape Victim's Medico Legal Report Raises Adverse Presumption Against Prosecution Case: Patna HC Acquits Life Convict After 12 Yrs
4 months, 1 week ago

Withholding Rape Victim's Medico Legal Report Raises Adverse Presumption Against Prosecution Case: Patna HC Acquits Life Convict After 12 Yrs

Live Law  

The Patna High Court has acquitted a man 12 years after conviction for rape, while observing that withholding a rape victim's medico-legal examination report raises adverse presumption against the prosecution's case. More so, when the informant was examined by doctors at Banka and Bhagalpur hospital withholding the medico legal examination's report raises adverse presumption against the proseuction case. Even suggestion …

POCSO Act | Child Victim Of Traumatic Sexual Assault Must Not Be Repeatedly Called To Testify In Court : Supreme Court
6 months, 2 weeks ago

POCSO Act | Child Victim Of Traumatic Sexual Assault Must Not Be Repeatedly Called To Testify In Court : Supreme Court

Live Law  

Recently, the Supreme Court dismissed the plea of an accused in a case under the Protection of Children from Sexual Offences Act of 2012 seeking recall of the victim under Section 311 of CrPC who was already cross-examined by the defence.The Court said that once the defence was granted ample opportunities to cross-examine the victim than the victim could not …

[S. 33(2) POCSO Act] Mode Of Examination Through Intermediary Remains Unchanged Even If Victim Attains Majority During Trial: Kerala HC
7 months, 2 weeks ago

[S. 33(2) POCSO Act] Mode Of Examination Through Intermediary Remains Unchanged Even If Victim Attains Majority During Trial: Kerala HC

Live Law  

The Kerala High Court has held that the mode of examining a victim through the Special Court in a POCSO case as per Section 33 of the POCSO Act remains unchanged even if the victim attains the age of majority during the trial. Section 33 of the POCSO Act mandates that the Special Public Prosecutor or the defence counsel shall …

Refusal To Undergo Medical Examination Not Enough To Negate Minor's Accusation Of Rape: Rajasthan High Court
7 months, 2 weeks ago

Refusal To Undergo Medical Examination Not Enough To Negate Minor's Accusation Of Rape: Rajasthan High Court

Live Law  

The Rajasthan High Court has made it clear that a minor rape victim's refusal to undergo medical examination alone cannot be the basis to disbelieve the allegations levelled by her. In that view of the matter, if victim had refused to undergo medical examination, her above statement cannot be negated on this basis alone and it cannot be said that …

POCSO Act | No Presumption Of Guilt Against Accused If Prosecution Fails To Prove 'Foundation Facts' Beyond Reasonable Doubt: Patna High Court
7 months, 3 weeks ago

POCSO Act | No Presumption Of Guilt Against Accused If Prosecution Fails To Prove 'Foundation Facts' Beyond Reasonable Doubt: Patna High Court

Live Law  

While deciding a POCSO case, the Patna High Court on Tuesday reiterated that the prosecution would not be absolved from proving the guilt of the accused beyond reasonable doubt despite the presumption of committing an offence operating against the accused under Section 29 of POCSO Act. The Court said that irrespective of the fact that there exists a presumption against …

Meghalaya High Court Rejects Bail In POCSO Case Despite Trial Delay, Considering Seriousness Of Offence
9 months ago

Meghalaya High Court Rejects Bail In POCSO Case Despite Trial Delay, Considering Seriousness Of Offence

Live Law  

The Meghalaya High Court has observed that even with a delay of one year in commencing trial under the Protection of Children from Sexual Offences Act, 2012, while deciding on bail, the gravity of the offence needs to be taken into consideration The accused/petitioner was arrested in relation to a POCSO case and a chargesheet was filed against him in …

[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
1 year 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 …

S.19 POCSO Act Doesn't Obligate Doctor To "Investigate And Gather Knowledge" Of Sexual Assault To Report It To Police: Karnataka High Court
1 year ago

S.19 POCSO Act Doesn't Obligate Doctor To "Investigate And Gather Knowledge" Of Sexual Assault To Report It To Police: Karnataka High Court

Live Law  

The Karnataka High Court has held that Sections 19 and 21 of the Protection of Children from Sexual Offences Act puts an obligation on a doctor to inform the relevant authorities when she/he has knowledge of an offence under the Act. The prosecution opposed the plea saying as the material placed on record by the prosecution do establish the knowledge …

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

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim
1 year, 3 months 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 …

Gauhati High Court Overturns POCSO Conviction Citing Victim's "Sketchy" Evidence, Says No Proof Of Sexual Assault Detected In Medical Exam
1 year, 5 months ago

Gauhati High Court Overturns POCSO Conviction Citing Victim's "Sketchy" Evidence, Says No Proof Of Sexual Assault Detected In Medical Exam

Live Law  

The Gauhati High Court recently set aside a conviction under the POCSO Act, holding that the statements of the victim were contradictory and no evidence of sexual assault was detected by the medical officer who examined the victim. The Court observed that the victim’s claim of sexual assault is not substantiated by the evidence of the Medical Officer as no …

S.34(2) POCSO Act Mandatory, Trial Court Bound To Determine Victim's Age When Issue Raised By Accused: Patna High Court
1 year, 5 months ago

S.34(2) POCSO Act Mandatory, Trial Court Bound To Determine Victim's Age When Issue Raised By Accused: Patna High Court

Live Law  

The Patna High Court has overturned conviction in a case involving sexual offenses against a minor due to the failure of the trial court to determine the victim's age, after an issue in that regard was raised by the accused. The Court emphasized that it is the trial court's duty to ascertain the age of the victim, especially when it …

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court
1 year, 7 months ago

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court

Live Law  

The Kerala High Court recently observed that the evidence provided by a prosecutrix under Section 376 IPC should not be discredited merely because the sexual abuse began when she was a child but she did not disclose it until she was much older. A Division Bench of Justice P.B Suresh and Justice C.S Sudha added that the credibility of the …

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused
1 year, 8 months ago

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused

Live Law  

While setting aside a rape conviction handed down 17 years ago, the Jammu & Kashmir and Ladakh High Court highlighted a crucial failure on the part of the Trial Court to adhere to the mandatory procedure outlined in Section 313 of the Criminal Procedure Code. It emphasized that convicting the appellant-accused solely based on incriminating evidence, without providing an opportunity …

Absence Of Witnesses Not Ground To Exonerate Accused In POCSO Case If Survivor's Testimony Reliable: Meghalaya High Court
1 year, 9 months ago

Absence Of Witnesses Not Ground To Exonerate Accused In POCSO Case If Survivor's Testimony Reliable: Meghalaya High Court

Live Law  

The Meghalaya High Court has recently ruled that the absence of witnesses in sexual assault cases under the Protection of Children from Sexual Offences Act cannot be used as a justification to exonerate the accused in such cases, if survivor's testimony is reliable. A Bench of Chief Justice Sanjib Banerjee and Justice W Diengdoh while dispelling the notion that uncorroborated …

When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case
1 year, 9 months ago

When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case

Live Law  

Granting bail to an accused in a POCSO case, the Jammu and Kashmir and Ladakh High Court has said that simply because the prosecutrix keeps herself away from appearing in court, the plea for bail cannot be deferred indefinitely. The accused was arrested in April 2020 and his first bail application was rejected by the trial court on the ground …

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence
1 year, 11 months ago

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence

Live Law  

While upholding the conviction of a man for sexually assaulting a minor child, the Madras High Court said that a child who is a victim of sexual assault, cannot be tutored to give evidence since it is incomprehensible for a child to understand a sexual act. Justice Anand Venkatesh noted that a child witness would broadly fall under two categories- …

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

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

Live Law  

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

[POCSO Act] Alleged Victim's Sole Testimony If Found Reliable Can Be Used To Decide Whether Case For Conviction Made Out Or Not: Meghalaya HC
2 years, 1 month ago

[POCSO Act] Alleged Victim's Sole Testimony If Found Reliable Can Be Used To Decide Whether Case For Conviction Made Out Or Not: Meghalaya HC

Live Law  

The Meghalaya High Court on Tuesday observed that the statement of an alleged victim girl in a POSCO case has a telling effect with regard to the fate of the criminal case as the sole testimony of a reliable witness, more so, when alleged victim of sexual assault will persuade and convince the court as to whether a case has …

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
2 years, 1 month ago

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations

Live Law  

The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The trial court had also observed that unless and until she is not examined by the court, the statement recorded under Section 161 of Cr.P.C. Before the registration of rape case, the victim's brother had lodged the …

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court
2 years, 3 months ago

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court

Live Law  

The Delhi High Court on Wednesday said a victim's statement under Section 164 CrPC disclosing the offence of rape shall be sufficient to frame charges against the accused under section 376 of Indian Penal Code.Justice Swarana Kanta Sharma said an accused should not merely be discharged in a rape case because the prosecutrix has not stated about the same in …

POCSO Act - Non-Reporting Of Sexual Assault Despite Knowledge Is A Serious Crime : Supreme Court
2 years, 4 months ago

POCSO Act - Non-Reporting Of Sexual Assault Despite Knowledge Is A Serious Crime : Supreme Court

Live Law  

The Supreme Court observed that non-reporting of sexual assault against a minor child despite knowledge is a serious crime.More often than not, it is an attempt to shield the offenders of the crime of sexual assault, the bench of Justices Ajay Rastogi and CT Ravikumar said while setting aside the Bombay High Court order that quashed criminal proceedings against a …

Himachal Pradesh High Court Issues Directions To POCSO Courts For Protection Of Identity Of Rape, Sexual Offence Victims
2 years, 6 months ago

Himachal Pradesh High Court Issues Directions To POCSO Courts For Protection Of Identity Of Rape, Sexual Offence Victims

Live Law  

The Himachal Pradesh High Court recently issued certain directions to the Special POCSO Courts so as to ensure that the identity of the child victim shall not be disclosed, at any time, during the course of investigation or trial.The bench of Justice Tarlok Singh Chauhan and Justice Virender Singh issued these directions while dealing with an appeal preferred by the …

Delay In POCSO Cases Benefits Accused, Minor Victim May Forget Incident With Passage Of Time: Bombay HC Issues Directions For Expeditious Trial
2 years, 10 months ago

Delay In POCSO Cases Benefits Accused, Minor Victim May Forget Incident With Passage Of Time: Bombay HC Issues Directions For Expeditious Trial

Live Law  

The Bombay High court recently in the course of a bail application opined that delay in trials in cases of sexual abuse often leads to re-victimization and ignominy, as the trial process itself makes the victim re-live the horrific experience and in cases of small children, due to their vulnerability, it may lead to further trauma. Single judge Revati Mohite …

MP High Court Refuses To Quash Charges Framed Against Advocate U/S 19&21 POCSO Act For 'Ill-Advising' Rape Accused To Conceal Crime
2 years, 11 months ago

MP High Court Refuses To Quash Charges Framed Against Advocate U/S 19&21 POCSO Act For 'Ill-Advising' Rape Accused To Conceal Crime

Live Law  

The Madhya Pradesh High Court recently refused to interfere with the charge framed against an Advocate under the POCSO Act for 'ill-advising' the accused and Prosecutrix in a rape case, suggesting them 'not to disclose true facts to the police'. Justice Sanjay Dwivedi was dealing with a criminal revision preferred by the Applicant aggrieved by order of the trial court, …

'Underwent A Traumatic Experience, Was Panic Stricken & Disoriented': Calcutta HC Dismisses Plea Of Delayed Lodging Of FIR, Upholds Conviction Of Gang Rape
3 years ago

'Underwent A Traumatic Experience, Was Panic Stricken & Disoriented': Calcutta HC Dismisses Plea Of Delayed Lodging Of FIR, Upholds Conviction Of Gang Rape

Live Law  

The Calcutta High Court has recently observed that a delay of a few hours in lodging of the FIR by a victim of gang rape will not vitiate the prosecution case since it is natural for the victim to remain disoriented and confused after having gone through such a traumatic experience thereby justifying such a delay. A Bench comprising Justice …

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 …

POCSO : Supreme Court Issues Notice On Teacher's Plea Challenging Conviction For Aggravated Sexual Assault Of Student
3 years, 2 months ago

POCSO : Supreme Court Issues Notice On Teacher's Plea Challenging Conviction For Aggravated Sexual Assault Of Student

Live Law  

The Supreme Court of India on Monday issued notice in a plea challenging the Madras High Court's order confirming conviction and sentence imposed on a teacher for committing the offence of aggravated sexual assault with against a student under the POCSO Act.A Bench comprising Justice SK Kaul and Justice MM Sundresh has issued notice on the Special Leave Petition as …

Rape/POCSO Cases- "Send DNA, Other Reports To Concerned Authorities Within 15 Days As Per Govt Circular": Allahabad HC To DGP
3 years, 5 months ago

Rape/POCSO Cases- "Send DNA, Other Reports To Concerned Authorities Within 15 Days As Per Govt Circular": Allahabad HC To DGP

Live Law  

The Allahabad High Court recently directed the Director-General of Police to ensure that the report regarding the articles recovered or taken into custody while investigating a POCSO case Act or DNA reports etc. in rape cases must be communicated to the concerned District Authorities within 15 days.The Bench of Justice Rajeev Singh issued this direction in view of the Government's …

'Guilt Of Accused Can Be Established Only After Examination Of All Witnesses': Karnataka High Court Directs Retrial Of Rape Case
3 years, 5 months ago

'Guilt Of Accused Can Be Established Only After Examination Of All Witnesses': Karnataka High Court Directs Retrial Of Rape Case

Live Law  

Observing that "guilt of the accused can be established only after examination of all the witnesses as desired by the prosecution," the Karnataka High Court recently set aside the order passed by a trial court acquitting a person accused of raping a minor. However, the court on going through the record noted that the prosecution had not made the necessary …

POCSO-Victims Entitled To Receive Information About Court Proceedings Including Status Of Bail Of Accused: J&K HC
4 years, 2 months ago

POCSO-Victims Entitled To Receive Information About Court Proceedings Including Status Of Bail Of Accused: J&K HC

Live Law  

The Jammu and Kashmir High Court has held that victims are entitled to receive most appropriate information of the proceedings which would include the status of the accused including his/her bail, temporary release, parole or pardon, escape, absconding from justice or death. As per Guideline 2.2 contained therein, Children have the right to information about the case in which they …

In Case Of A Gang Rape, Medical Corroboration Not An Absolute Necessity: MP HC Denies Bail Despite The Fact That Victim Married Accused [Read Order]
4 years, 4 months ago

In Case Of A Gang Rape, Medical Corroboration Not An Absolute Necessity: MP HC Denies Bail Despite The Fact That Victim Married Accused [Read Order]

Live Law  

The Madhya Pradesh High Court on Friday noted in an order that in cases of Gang Rape, medical corroboration is not an absolute necessity. Court's Order Denying the benefit of bail to accused-appelant, the Court remarked, "After hearing counsel for both the parties and the entire material available in the PDF format and the fact that it is a case …

Woman jailed for turning hostile during rape trial
5 years, 2 months ago

Woman jailed for turning hostile during rape trial

Hindustan Times  

A 45-year-old woman in Rajasthan’s Jhunjhunu district was sent to jail and fined ~ 10,000 for turning hostile in court during the trial of three men accused of raping her daughter. In the ruling, Jain said he had found that in more than 50% of Pocso cases, the complainants turn hostile during the trial. He said the reason for people …

If Victims Evidence Inspires Confidence In Absence Of Medical Evidence Court Can Convict Rape Accused : Karnataka HC [Read Judgment]
5 years, 5 months ago

If Victims Evidence Inspires Confidence In Absence Of Medical Evidence Court Can Convict Rape Accused : Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court while setting aside an acquittal order and convicting a 47-year old man on charges of raping a minor girl said "The very evidence of victim inspires confidence of the Court that accused subjected her to sexual act and even in the absence of medical evidence this court can come to the conclusion that victim was subjected …

Bombay HC Acquits Two Convicted Of Kidnapping And Murdering A 12-Year-Old Boy For Lack Of Evidence [Read Judgment]
5 years, 7 months ago

Bombay HC Acquits Two Convicted Of Kidnapping And Murdering A 12-Year-Old Boy For Lack Of Evidence [Read Judgment]

Live Law  

The Bombay High Court today acquitted Imtiyaz Shaikh, who was sentenced to death by the sessions court and Azad, who was sentenced to life imprisonment for kidnapping and killing a 12-year-old boy in 2012, due to lack of evidence. Case Background According to the prosecution, deceased victim's father Rajesh Bhadange filed a complaint with the police on June 1, 2012 …

Aligarh: SIT to probe the case, rape charges to be probed too
5 years, 9 months ago

Aligarh: SIT to probe the case, rape charges to be probed too

Op India  

Following the gruesome murder of two-and-a-half-years-old Tina in Aligarh’s Tappal, the Uttar Pradesh Police has set up a special investigative team to probe the murder. https://t.co/cM7tmo9WND — ANI UP June 7, 2019 As per the Police, the POCSO Act will also be there in the case. Investigations are proceeding, special teal has been set up: UP police https://t.co/4U2nUzvlXt — NDTV …

Rape Of 4YO: Special POCSO Court In Rajasthan Completes Trial In 5 Days
6 years, 1 month ago

Rape Of 4YO: Special POCSO Court In Rajasthan Completes Trial In 5 Days

Live Law  

In a rare move, a Special Protection of Children from Sexual Offences Act Court in Sikar district in Rajasthan completed a trial concerning the rape of a four year old girl in five days.According to a Hindustan Times report, the accused, a native of Gujarat, was found with the girl on January 30 in a burial ground, a few furlongs …

In Maharashtra, POCSO sees lowest conviction in speedy trials, victims' character often called into question
7 years, 6 months ago

In Maharashtra, POCSO sees lowest conviction in speedy trials, victims' character often called into question

Firstpost  

A study of 1,330 judgments given under POCSO act across Maharashtra showed several instances when characters of victims were questioned even though the law doesn’t allow it Mumbai: The conviction rate under the Protection of Children from Sexual Offences Act was the lowest for trials completed within a year of filing a charge sheet, a new study of 1,330 judgments …

Can Examination Of Victim As A Witness Be Deferred Till Mental Ailment Is Cured: Patna HC Refers Matter To Division Bench [Read Judgment]
7 years, 7 months ago

Can Examination Of Victim As A Witness Be Deferred Till Mental Ailment Is Cured: Patna HC Refers Matter To Division Bench [Read Judgment]

Live Law  

The Patna High Court, in Gauri Shankar Mandal vs State of Bihar, has referred to the division bench a peculiar question with regard to examination of victims suffering from mental ailment.The issue referred is that whether just like for trial of an insane accused is concerned, the trial is to be held up till he suffers from insanity, opportunity is …

Can Examination Of Victim As A Witness Be Deferred Till Mental Ailment Is Cured: Patna HC Refers Matter To Division Bench [Read Judgment]
7 years, 7 months ago

Can Examination Of Victim As A Witness Be Deferred Till Mental Ailment Is Cured: Patna HC Refers Matter To Division Bench [Read Judgment]

Live Law  

The Patna High Court, in Gauri Shankar Mandal vs State of Bihar, has referred to the division bench a peculiar question with regard to examination of victims suffering from mental ailment.The issue referred is that whether just like for trial of an insane accused is concerned, the trial is to be held up till he suffers from insanity, opportunity is …

POCSO cases: Karnataka High Court faults special courts
7 years, 7 months ago

POCSO cases: Karnataka High Court faults special courts

Deccan Chronicle  

Bengaluru: Expressing concern over the manner in which child sexual abuse cases were being tried by Special Courts, the High Court has passed directions especially with regard to the recording of evidence of child victims. “Day in and day out, bail petitions are moved before the High Court in respect of the cases registered on the allegation of the offences …

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