[Juvenile Justice] Aadhaar not a valid document for proof of age of Prosecutrix under Juvenile Justice Rules: Madhya Pradesh High Court
JJ Act, 2015 and JJ Rules, 2012 are mandatory and have overreaching effect over any other provision.
Rape
Bilkis Bano – Premature release of Convicts case: Supreme Courts asks Centre and Gujarat Government to produce files and give reasons for releasing 11 convicts
The Supreme Court asked the Gujarat Government reasons behind its decision to grant remission to the 11 life convicts, who were convicted for raping Bilkis Bano and murdering her family members
Asharam Bapu Case| Supreme Court sets aside Rajasthan High Court Judgment directing summoning and recording of evidence of IPS Ajay Pal Lamba
The Supreme Court said that the power to take additional evidence in an appeal is to be exercised to prevent injustice and failure of justice, and thus, it must be exercised for good and valid reasons necessitating the acceptance of the prayer.
Criminal proceedings under S. 376 IPC and POCSO cannot be quashed based on compromise entered between accused and victim, Allahabad High Court reiterates
Allahabad High Court said that the power of quashing criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of the rare cases.
No proper opportunity given to Defence Council for defending rape convict; Orissa High Court set aside conviction order
Orissa High Court said that a criminal trial is not an IPL T20 match where every ‘substitute player’ can be an ‘impact player’, engaging a new State Defence Council without providing him police papers is gross illegality.
‘Minor’s statement not trustworthy’; Dhanbad POCSO Court acquits accused of rape
Dhanbad POCSO Court said that allegation of informant based on an inquiry in a secret manner that rape, and unnatural offence has been committed against victim child could not be established and prosecution’s case against the accused persons remains doubtful.
Offences under POCSO are not compoundable; Allahabad HC declines quashing the proceedings based on compromise between parties
Allahabad High Court said that the purpose is not to persecute the accused, nor is it to let him off because his relations with the complainant has taken a happier turn, as an offence of rape or one under POCSO is an offence against the society.
Issue of consent in sexual assault offences requires scrutiny; Delhi High Court upholds Trial Court’s Order of discharging a man accused of raping a married woman for 12 years
The Delhi High Court opined that the woman’s consent was implied and express and not coerced by deceit as she maintained the physical relationship with the man for 12 years and thus, the Court upheld Trial Court’s Order of discharging a man who was accused of raping her.
Casting Couch: Model alleges rape; Supreme Court sets aside Bombay High Court’s order granting anticipatory bail to Businessman
The Supreme Court observed that the Bombay High Court disregarded the nature and gravity of the alleged offence as well as the the financial stature, position and standing of the accused vis-à-vis the prosecutrix.
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What are the important factors which can take away the rigor of ingredients pertaining to S. 375 and S. 376 of IPC? Karnataka High Court answers
Karnataka High Court observed that consent of a woman on a promise to marry is always an enigma.
False implication in sexual offences is on a rise, thus inordinate delay in lodging FIR has to be considered at the time of adjudicating bail: Allahabad High Court grants bail to persons accused of Rape
Allahabad High Court granted bail to persons accused of Rape after considering the facts and circumstances of the case, submissions made by the parties, the evidence on record, the inordinate delay in lodging of the FIR by the informant and the fact that the trial is at its conclusive end,
Women cannot commit rape, but if she facilitated the act of rape with a group, she may be prosecuted for gang rape: Allahabad High Court
Allahabad High Court held that a woman can also be held guilty of sexual offences and can also be held guilty of gang rape if she has facilitated the act of rape with a group of persons.
‘Each breach of promise to marry is not a false promise’; Supreme Court acquits man accused of rape by a mother of three
The Supreme Court observed that the prosecutrix had betrayed her husband and three children by having relationship with the accused during the subsistence of her marriage and had continued to live with the accused even after finding out that he was a married man having children.
Prosecutrix statement has been totally disbelieved in grave and serious offence under S 376 IPC by non-adherence to basic principles of investigation ; Bombay High Court directs for transferring case to Senior Officer
Bombay High Court remarked that they have come across at least three such cases in last three weeks wherein the statement of the prosecutrix has been totally disbelieved in the grave and a serious offence under Section 376 IPC by not following the law enunciated by the Supreme Court in its catena of decisions. It is the second case in this week wherein Police did not adhere to the basic principles of investigation.
Courts should urge the police to investigate in sexual offences against women; Allahabad High Court reiterates
The legislation in its own wisdom have planned to use the state machinery to investigate into all those offences, in which the women are poor victims of the atrocities committed by male.
Allahabad High Court grants interim anticipatory bail to former Union Minister Swami Chinmayanand in a rape case
Allahabad High Court: In an anticipatory bail application plea filed by former Union Minister for Home Affairs and spiritual personality
22-year-old POCSO accused alleges false FIR filed due to property dispute; Supreme Court grants bail
The undertrial prisoner, accused of kidnapping and raping a 16-year-old, has been behind the bars for almost two and a half years.
Uttaranchal High Court grants bail to a Child-in-conflict with law considering that she was young and had less understanding to differentiate between right and wrong
A Child-in-conflict with law (CIL) was granted bail considering that she was a young girl; her family was poor; she had less understanding to distinguish between right and wrong and her family atmosphere was good. The Court also discussed situations in which a CIL could be denied bail even in bailable offences as per Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
POCSO| Supreme Court grants pre-arrest bail to a public servant accused of rape
The accused had argued that the complainant and her family, out of ill will, had orchestrated the complaint and were extorting the petitioner for their own means and benefits. Rajasthan High Court, however, did not appreciate the fact that the previous complaints filed by the prosecutrix was closed on account of being frivolous and a closure report was also filed in the matter.