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The Court found that it had been proved that the victim was forcibly kidnapped by the convict with the intention to marry and have intercourse with her. He not only outraged her modesty but also attempted to rape her by undressing her but failed due to her protest.
Comparing the present situation with the risk that the victim may undergo at the time of delivery at full term of pregnancy, the risk factor appears to be same at the present stage as well as the risk that would be involved at the time of delivery at full term of pregnancy.
Nearly two years had passed since the FIR was lodged, yet no progress was made in the case. The Court noted that the accused had cooperated with the investigation and that the chargesheet was yet to be filed.
“In the present case, the future of families of the parties and the two daughters born out of this wedlock, and their beautiful harmonious life, they have built together in the last nine years, is at stake and dependent on the outcome of the present petition.”
The Court found that none of the acts of the convict would come within the definition of ‘rape’ under Section 375 of the IPC or ‘penetrative sexual assault’ under Section 3 of the POCSO Act.
The Court strictly observed that in India, Gurus/teachers are considered akin to God and the Government Teacher’s perverse acts have created fear in the minds of the parents of minor girls students.
The Delhi High Court suspended the sentence of a man who was convicted for raping the minor girl after noting that the girl herself had misrepresented her age and showed herself to be a major.
In a case where a physics teacher was accused of sexual harassment and molestation of a minor girl, the Delhi High Court held that in dealing with such matters, paramount consideration must be given to the well-being of the child whose mental psyche was vulnerable, impressionable and in a developing stage.
Karnataka High Court: While deciding the instant application seeking regular bail for offences under the provisions of Prohibition of Child
Punjab and Haryana High Court: While dismissing the present appeal preferred by the appellant against judgment dated 09-08-2012 and the
Jharkhand High Court: While deciding the instant petition, Sanjay Kumar Dwivedi, J., directed the State Legal Services Authority to ensure that the
Similar cases are an exception to the precedent laid down in Imran v. State of Delhi, (2011) 10 SCC 192
Kerala High Court: V. G. Arun, J., allowed medical termination of 28-week pregnancy of a 14-year-old girl. The mother of
Chhattisgarh High Court: Addressing a case wherein a minor girl was subjected to sexual, Deepak Kumar Tiwari, J., held that, In view
Meghalaya High Court: The Division Bench of Sanjib Banerjee, CJ and W. Diengdoh, J., addressed that, if the victim’s underwear was not
Court of Special Judge under the Protection of Children from Sexual Offences Act, 2012, Fort Greater Mumbai: Expressing that essence of a
Bombay High Court: Mangesh S. Patil, J., while upholding the decision of Special Judge elaborated on the Sections of POCSO Act in
Allahabad High Court: Ajit Singh, J., rejected the bail application observing that the incident involves the rape of a minor and family
Karnataka High Court: K Natarajan, J., rejected the prayer for bail and dismissed the petition. The instant criminal petition was filed under
Allahabad High Court: Vikas Kunvar Srivastav, J., addresses whether a minor girl on attaining majority can ratify the agreement of marriage that