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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.
Calcutta High Court noted the rising trend of consensual sexual relationships among adolescents and recognized the need to address such cases within the legal framework.
Supreme Court directed NCPCR to formulate model guidelines after due consultation with the Central and State Governments for the States and Union Territories to frame their rules respecting the support persons under Section 39 of POCSO Act.
“The High Court would be empowered to exercise the powers when it finds that the decision impugned is so arbitrary and capricious that no reasonable person would have ever arrived at.”
“Justice can be said to have been approximated only when the victims are brought back to society, made to feel secure, their worth and dignity, restored. Without this, justice is an empty phrase, an illusion.”
“While balancing the right of the accused to a fair trial and upholding the intent of the legislation, the courts are duty bound to remain sensitive to the plight of the seven-year-old sexual assault victim.”
Kerala High Court scrutinized the definition of ‘sexual assault’ and expressed that the same has to be construed as sexual offence against a victim, including sexual harassment.
The Court found that there was absence of concrete proof of age of the minor victim, therefore, the charge under Section 6 of the POCSO Act was not proved, instead the appellant was convicted under Section 376(1) of the IPC.
Madhya Pradesh High Court quashed the impugned FIR and its subsequent criminal proceedings by the prosecutrix aged about 17 years 10 months.
Supreme Court regarded the result of ossification or bone test in the instant matter, as the most authentic evidence for being corroborated by the examining doctor as well.
Bombay High Court pointed out the personal interaction with the victim and her statements confirmed consensual relationship with the accused, but the rigors of POCSO Act did not permit quashing of proceedings because any kind of sexual indulgence with a minor fell within the ambit of Sections 4 and 6 of POCSO Act.
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.
Madhya Pradesh High Court set aside impugned FIR as well as all consequential proceedings arising out of it.
The accused father in the instant matter had allegedly committed rape on victim daughter in 2011 and 2013.
Kerala High Court started with a quote by — Mitch Albom which reads as “When you look into your mother’s eyes, you know that is the purest love you can find on this Earth.”
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 Court observed that the prosecution evidence on being scrutinised should inspire the confidence of the Court regarding the factum of sexual intent being involved in the case in hand.
Bombay High Court allowed the instant application for bail while expressing concern that further detention of the applicant will bring him in the association of hardened criminals, which will be detrimental to his interest.
