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Himachal Pradesh High Court held that the Trial Court had rightly concluded that the appellant was guilty of aggravated penetrative sexual assault under the POCSO Act. The offence is punishable under Section 6 of the Act, which prescribes a minimum sentence of 20 years’ imprisonment.
Supreme Court held that the presumptions relating to the commission of an offence and culpable mental state under the POCSO Act are rebuttable. As the appellant had successfully rebutted the statutory presumption and the prosecution had failed to establish his guilt beyond reasonable doubt, the Court acquitted him of the offences under Section 363 IPC and Section 6, POCSO Act.
the High Court observed that there can never be more shocking heinous crime when a father is charged for committing sexual assault on his own daughter.
The Bombay High Court noted that since the FIR was registered under Section 376 IPC without prima facie examination of the allegations and given the unexplained delay and contradictions in the victim’s statements, the prosecution case lacked legal foundation and the conviction was liable to be set aside.
“In the present case, the absence of documentary proof establishing the seizure and custody of the alleged forensic article creates a reasonable doubt as to the authorship of the sexual act.”
“Considering the sensitivity of the issue, particularly the commission of rape of a female child aged about 12 years and thereafter her brutal murder, along with the lethargic attitude of the police, it was proper to take cognizance of the occurrence.”
by G.K. Goswami* and Robert Green**
The Standard Operating Procedures on Collection and Processing of Scientific/Forensic Evidence in Sexual Assault Cases were officially released at the Police Headquarters in Panjim, Goa on the 26-04-2025. Spearheaded by Prof. (Dr.) Pinky Anand, Senior Advocate and Former ASG of India, the initiative marks a critical advancement in bridging the teething gaps in the criminal justice system when it comes to forensic investigations and evidence collection.
In criminal jurisprudence, the standard of proof required to sustain a conviction is proof beyond a reasonable doubt, which is significantly higher than the preponderance of probabilities applicable in civil cases.
Government of India has taken steps to strengthen legislative provisions to deal with incidents of sexual offences against women and girls. Government
Sikkim High Court: A Division Bench of Bhaskar Raj Pradhan and Arup Kumar Goswami, JJ. while upholding the Judgment of acquittal passed by
Delhi High Court: Vibhu Bakhru, J., while dismissing the present appeal upheld the decision of the trial court for offences charged under