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“The social circumstances and the economic status of the family may have compelled the Prosecutrix and her mother to give contradictory statements or to turn hostile. However, in such cases the Court cannot completely ignore the scientific evidence which has come on record.”
“The accused in this case was a doctor to whom the child was sent for medicine. The accused was in a position of authority and trust, and it was such a position that had been misused by him… In such circumstances, no leniency is called for.”
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.
“She was under trauma and a sense of shame that had precluded her from disclosing anything to her parents and the police, as evidenced from her statement that she did not want to be medically examined in presence of her parents or inform the police about it, while her parents were present.”
“This is not a case of insufficient evidence, but a case of no evidence at all.”
“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.”
“It is high time to send a strong signal to the society at large to be more vigilant on women and children belonging to weaker sections of the society.”
Focused on the effective implementation of the Juvenile Justice Act, 2015 and the POCSO Act, 2012, the consultation brought together key stakeholders to advance the safety and rights of the girl child in Uttar Pradesh.
“If two views are possible during the course of enquiry, the Court should lean in favour of holding the accused to be juvenile in borderline cases.”
“Where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy is presumed to constitute a grave injury to the mental health of the woman.”
In the present case, it is merely stated that certain clarification is required, for which cross-examination of the witnesses is sought. Such vague assertion, without specifying the nature of the discrepancies or their relevance to the just adjudication of the case, cannot constitute a sound ground for allowing an application to recall witnesses.
The submission that in a sexual intercourse the male is ever an active agent, and the woman forever is a passive recipient is archaic notion which finds no foothold in the present day.
“The State has to ensure the protection against exploitation and to provide childhood care, and therefore the said words ‘protection’ and ‘care’ has to be given widest meaning.”
“POCSO offences are grave and demand stringent punishments along with meticulous investigations to deliver justice. It is imperative for the prosecution to conduct thorough and proper investigations reflecting the severity of these offences.”
“The failure to provide documents to the accused in a language in which the accused could not read, would definitely scuttle the chances for the accused to instruct and assist his counsel in canvassing the defence on his behalf.”
While the crime was heinous and against a child, the Court noted that although the act was “barbaric”, it could not be termed “brutal” in the sense that it required capital punishment.
“In the present case, despite the clear statement given by the survivor that the relationship between the appellant and herself was consensual in nature, he has been convicted under the POCSO Act only for the reason that on the date of incident she was less than 18 years of age.”
“The law… does not permit a retrospective resurrection of childhood once the individual steps into legal adulthood; and to permit otherwise would be to dilute the doctrinal rigour of age-based legal classifications and introduce subjectivity into a domain that demands exactitude.”
“The right of personal liberty guaranteed under Article 21 of the Constitution of India has held that unmarried woman has right to decide in respect of the pregnancy.”
The Trial Court hadn’t given any separate sentence to the convict under Sections 376(3), 377, 506 of the IPC and Section 4 of the POCSO Act in view of Section 42 of the POCSO Act.