POCSO Court sentences, a 71-yr-old man, to life imprisonment with fine of ₹ 50,000/- for rape of 5-yr-old granddaughter
The complaint was lodged by the victim’s mother, leading to the registration of a case under IPC and POCSO Act.
POCSO Act
‘Ss. 3 and 5 of the POCSO Act are offences regardless of gender of offender’; Delhi HC puts woman to trial for committing ‘aggravated penetrative sexual assault’
The word ‘he’ in Section 3 of the POCSO Act could not be given a restrictive meaning to say that it referred only to a ‘male’.
Delhi HC quashes FIR in Rape, Kidnapping, and POCSO case based on Settlement without imposing costs
Delhi High Court has quashed an FIR registered under Sections 376 (rape), 363 (kidnapping), and 6 of the POCSO Act (aggravated penetrative assault). The decision was based on an amicable settlement between the parties, with no costs imposed on either side. This case underscores the court’s recognition of mutually agreed resolutions in certain criminal proceedings.
Know Why Karnataka HC Recalled its judgment holding watching website containing child porn not an offence under S. 67-B of IT Act, 2000
The Court in the impugned order had held that the petitioner watched a pornographic site, which would not become publishing or transmitting material as necessary under S. 67-B(a) and quashed the criminal proceedings against the petitioner.
Commenting about dress of girls, touching them inappropriately on their back, cheek and neck constitute an offence u/s 7 of POCSO Act: HP HC refuses to quash FIR
The physical contact made by the accused with the girls coupled with the words uttered by him could only lead to one inference that the touch was with sexual intent.
Primary objective of POCSO Act is to protect minors from sexual exploitation, but it is being misused in consensual relationships between teenagers: Allahabad HC
“The well-known principle of “Presumption of Innocence Unless Proven Guilty,” gives rise to the concept of bail as a rule and imprisonment as an exception.”
‘No parent of any girl in our society can damage reputation of their daughter regarding her chastity’; Patna HC upholds conviction u/s 376 of IPC
The Court observed that the parents of the victims were illiterate and that the appellant’s allegations of false implications and extortion on the victim’s family’s part did not inspire any confidence as per evidence on record.
Karnataka High Court stays arrest of former CM and BJP leader BS Yediyurappa in POCSO case
On 13-06-2024, the Additional City Civil and Session Court Judge NM Ramesh, issued an arrest warrant against BS Yediyurappa for a case registered under the Section 8 of the POCSO Act read with Section 354(A) of the Penal Code, 1860.
Bengaluru Court issues arrest warrant against former CM BS Yediyurappa in POCSO case
A case was registered under Section 8 of the POCSO Act read with Section 354(A) of the Penal Code, 1860 against BS Yediyurappa for allegedly assaulting a 17-year-old girl.
[POCSO] Uttaranchal HC commutes death sentence to 20 years’ rigorous imprisonment for man who committed rape on his stepsister
The Court opined that the prosecution did not place any material or evidence to conclude that reformation, rehabilitation, and social re-integration of the accused into society was not possible.
‘Male member made scapegoat for mistake of both’; Meghalaya HC upholds conviction under POCSO, mitigates life sentence to 10 yrs imprisonment
“A case involving love affair and unfortunately, the male member was made as a scapegoat to undergo imprisonment for the mistakes committed by the two. It is no doubt true that the offence under POCSO Act, 2012 has been made out to impose punishment on the accused, while the so-called victim girl is leading a happy life.”
Rajasthan High Court calls for sensitization of Police and Judicial Officers to ensure protection of sexual offense victims’ identity
Rajasthan High Court criticised the Investigating Officer and Judicial Magistrate, who failed to follow the mandatory provisions contained under Sections 24(5) and 33(7) of POCSO Act and Section 228-A of the IPC.
[POCSO Act] Charge of penetrative sexual assault can be made on some degree of insertion; non-tear of hymen of no consequence: Gauhati HC remands matter back to Trial Court
The version of the informant/victim must be considered with utmost care before discerning it. In fact, if the version of the informant/victim inspires confidence and appears to be trustworthy, credible, unblemished and of sterling quality, no further corroboration is required.
The tale of a teacher accused of offering flowers and chocolates to 8th-Standard girl as SC overturns POCSO conviction
The Special Court for POCSO cases convicted the Tamil languageNadu teacher under Section 12 of the POCSO Act and sentenced him to three years of rigorous imprisonment and the High Court affirmed the conviction.
Gauhati High Court adopts Practice Directions for proceedings filed under POCSO Act
On 15-03-2024, the Chief Justice issued a Notification regarding adoption of Practice Directions for Criminal Appeals/Revisions or Criminal Petitions filed under the POCSO Act in Gauhati High Court and the Outlying Benches.
[POCSO Act] Life sentence not disproportionate for a father who sexually assaulted 9-year-old daughter: Kerala High Court
Kerala High Court hinted that evidence of sexual assault victim could be the sole basis of conviction, provided that the same was of a ‘sterling quality’.
No form of mediation permissible in POCSO cases; Delhi High Court denies relief to father in POCSO case due to delay, child’s best interests
Delhi High Court issued a mandatory reminder, rather than a gentle reminder that it is essential to emphasise that in cases involving offences of serious nature, particularly those falling under the Protection of Children from Sexual Offences (POCSO) Act, no form of mediation is permissible.
“S. 22, POCSO Act prohibits prosecution and punishment of a minor for perjury”: J&K and Ladakh HC, reiterates
“In order to prosecute and punish a witness for offence of perjury, it must be established that the statement was made by him deliberately and consciously, which subsequently, was found to be false as a result of comparing it with other unimpeachable evidence on record”.
Madhya Pradesh High Court directs State Government to ensure compliance of Section 43 of POCSO Act ; Grants bail to the accused
Madhya Pradesh High Court granted bail to the accused based on the examination of key witnesses and his extended period of incarceration.
Meghalaya HC grants bail to person accused of sexually assaulting 13-year-old minor
The Court considered the grant of bail on account of all the relevant factors, gravity and nature of the offence, the extent of punishment, if enlarged on bail, may abscond or tamper with the evidence and witnesses, etc.