Non-furnishing of grounds of arrest violates Articles 21 and 22: Delhi High Court grants bail in POCSO case
The Court held that, on the admitted lapse and the bail already granted to a co-accused, regular bail was warranted.
POCSO case
Supreme Court grants interim bail in POCSO case; Orders housing, employment, and counselling support to facilitate convict’s reunion with prosecutrix and minor child
The District Magistrate, Baloda Bazar, Chhattisgarh, was directed to allot a government quarter, out of those available for Class IV employees in Palari Block to the convict and his family on a temporary basis, until further orders of the Court.
‘Deficiency in conduct of legal aid counsel defeats right to fair trial’: Meghalaya HC orders retrial in POCSO case
It is evident that the lack of effective legal representation has not only violated the fundamental rights of the accused under Article 21 of the Constitution but also seriously prejudiced his defence in the case.
‘Mere threat without intention to cause alarm does not constitute criminal intimidation’: Delhi High Court upholds acquittal in POCSO case
The Court stated that if the minor left immediately on being allegedly sexually assaulted by pushing away the accused where was the occasion for the accused to extend threat. The sequence of events, as narrated by the minor, does not clearly establish that the alleged threat was made with the intention to cause alarm.
‘Conviction doesn’t extinguish right to defence’: Telangana HC allows second DNA test for 80-Year-old convict in POCSO case
“Even if there is an iota of doubt as to the sanctity of the procedure or the correctness of the evidence, the accused should be given an opportunity to disprove the earlier test result”
Delhi HC quashes FIR in POCSO case considering victim’s privacy and her future prospects including marriage; directs accused to do community service
The Court noted that the complainant (‘victim’) and her mother, were currently exploring matrimonial prospects, and that the pendency of a criminal case might result as a serious impediment to her future opportunities and personal relationships.
Supreme Court invokes Article 142 to restore original sentence and order release after convict serves excess term in POCSO case
The original judgment of the Special Court convicted and imposed a sentence of rigorous imprisonment for seven years on the convict. However, the convict had already undergone eleven years of actual sentence.
Supreme Court stays order granting bail to Karnataka’s seer Shivamurthy Murugha Sharanaru’s in POCSO case
Shivamurthy Murugha Sharanaru, an Indian seer and pontiff was accused of sexually assaulting minor girls and was arrested under the POCSO Act and was released on bail on 08-11-2023.
[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’.