Young age, prior romantic relationship, differing statements: Delhi HC grants bail in POCSO case
The Court noted that the applicant and the prosecutrix were in a love relationship for a few months prior to the date of the incident.
Minor Victim
POCSO | Betrayed Her Trust, Destroyed Her Life, Degraded Her Very Soul: Bombay HC Upholds Life Sentence of Man Convicted of Impregnating 12-Year-Old daughter
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.
Making minor touch private parts with sexual intent constitutes Aggravated Sexual Assault under POCSO Act: Delhi High Court
Minor inconsistencies arising from age, vocabulary or manner of narration do not erode the credibility of the prosecution, particularly where the allegation relates to commission of sexual assault with sexual intent.
Know why Karnataka High Court denied bail to 68-year-old accused for gangrape of minor
“The act of committing sexual assault on the victim by taking advantage of her poverty and her innocence and also particular community is ruthless act.”
“S. 482 of BNSS is pari materia with S. 438 of CrPC”; Gauhati HC partly allows anticipatory bail pleas of four accused in minor girl’s rape & abduction case
“The word “and” appearing in Section 482(4) of Bharatiya Nagarik Suraksha Sanhita, 2023 shall have to be read as “or” to give effect to the intention of the legislature.”
Delhi High Court sets aside charge u/s 21 POCSO Act against mother for delay in reporting sexual assault of her child by father
The Court stated that when the mother herself was living under constant fear, abuse, and violence inflicted by the same man, who had assaulted her child, her capacity to protect, act, or even process the truth is also deeply impaired. It is vital to understand the state of helplessness and paralysis that may result in such a traumatic environment.
‘Accused and victim now happily married, continuing prosecution would cause unnecessary harassment to them and their children’; SC quashes POCSO proceedings
Supreme Court said that the High Court overlooked the fact that the Trial Court could not have recorded the settlement, and this was a suitable case for the High Court to exercise its jurisdiction under Section 482 CrPC to quash the proceedings. As a result, the parties were unnecessarily compelled to approach this Court.
Law with ‘greater degree’ of punishment applies when convicted under IPC and POCSO both: Supreme Court
“The provisions of Section 42A of POCSO Act, cannot be interpreted so as to override the scope and ambit of enabling provision, i.e., Section 42 of POCSO Act.”
‘Normal life turned into misery’; Gujarat HC enhances compensation for minor victim who became paraplegic in a 25-year-old road accident case
“The pain and agony of a five-year-old child, who became paraplegic, is miserable, at least in the form of money, but sense prevails that it is the only occasion on which the Tribunal or the Court by adopting a pragmatic, realistic, and sensible approach to compensate the minor and/or to endeavour to put him back to the original position.”
‘Rape of dead body is horrendous but not rape’: Read why Chhattisgarh HC rejected mother’s plea against acquittal of man for offence under S. 363 and S. 376 (3) of IPC
“There can be no disagreement on the issue that dignity and fair treatment is not only available to a living man but also to his dead body and every dead body is entitled to a respectful treatment.”
Chhattisgarh High Court allows 17-year-old minor rape victim suffering from sickle cell anaemia to terminate her 20 weeks pregnancy
It cannot be denied that continuation of pregnancy can lead to complication at a later stage on both, the victim’s physical, psychological and mental condition. Although, the victim is suffering from severe anaemia, but team of doctors opined that she may be physically fit after correction of anaemia.
‘Compensation is essential part of curing justice’; Delhi HC enhances compensation to Rs. 10.5 lakh for minor victim of sexual assault by father
Although the offence of ‘aggravated sexual assault’ was not mentioned in the compensation scheme, the Court referred to the offence of ‘unnatural sexual assault’ to determine the quantum of compensation.
Section 357A of CrPC and Rajasthan Victim Compensation Scheme, 2011 are applicable to incidents occurred prior to their enactment: Rajasthan High Court
“Where women are honoured, divinity blossoms there and where women are dishonoured, all actions no matter how noble remain unfruitful.”
Gujarat HC allows minor to terminate 19 weeks pregnancy; quotes Skanda Purana highlighting value of mother in society
“माता के समान कोई छाया नहीं, कोई आश्रय नहीं, कोई सुरक्षा नहीं। इस विश्व में माता के समान कोई जीवनदाता नहीं।”
‘Offering pen, book while following her regularly was done to groom the child for his sexual intent’; Bombay Court convicts the man under POCSO
The Court observed that there is an increase in the cases of sexual offenses against the child. The child sexual abuse cases demonstrate the inhumane mindset of the accused. There is an adverse impact of the incident on the victim, on her family members, and even on society.
No leniency to be shown to a person committing offence under POCSO Act; Gujarat High Court rejects bail plea
Gujarat High Court denied showing any leniency while deciding bail application of accused charged with offences under POCSO Act.
FIR against a 9-year-old boy for causing unintentional accident by cycle; Bombay High Court quashes FIR and directs State to pay Rs 25000 to family
Bombay High Court: In a case filed by the mother of a 9-year-old minor boy, seeking quashing of the FIR
[POCSO] Eve teasing and roadside romeos need to be dealt with heavy hand; Bombay Sessions Court convicts man for 1.5 years for calling a minor girl an “item”
Sessions Court, Borivali Division, Mumbai: In a case filed by a minor girl against the accused for offences under Sections 354, 354-D,
Karnataka HC | In sexual assault cases, DNA report favouring the accused will not automatically absolve such accused of the offences so alleged
Karnataka High Court: While deliberating over the instant petition seeking termination of proceedings under the provisions of the POCSO Act,
Maternal uncle rapes his 14-year-old niece; will subsequent act of him marrying prosecutrix extinguish all criminal liabilities? SC decides
Supreme Court: In an interesting case, the Division Bench comprising of L. Nageswara Rao and B.R, Gavai, JJ., acquitted the appellant who