POCSO Archives

Ker HC | “Child molestation is a shame on society; but if the allegations are false, it is lethal to the life of the accused”; HC acquits father accused of raping his minor daughter

Kerala High Court: The Division Bench of K.Vinod Chandran and C. Jayachandran, JJ., acquitted the father accused of raping his own minor

Case Briefs High Courts

Cal HC | Court explains ”Intelligible testimony” and “reverse burden of proof”; dismisses appeal of accused charged for raping 3 year old girl under S. 6, POCSO Act

Calcutta High Court: The Division Bench of Soumen Sen and Rabindranath Samanta, JJ., dismissed a criminal appeal which was filed against the

Case Briefs High Courts

MP HC | Show cause notice issued against the Trial Court Judge for disclosing name of the rape victim; Court grants bail to the accused

Madhya Pradesh High Court: Deepak Kumar Agarwal, J., allowed a bail application which was filed by the applicant for grant of regular

Case Briefs High Courts

Guj HC | Man’s conviction set aside in charges for raping minor wife; Non-interference by Court would reduce the lady and two children without shelter

Gujarat High Court: Paresh Upadhyay, J., allowed an appeal which was filed against the judgment and order passed by the Special Judge

Case Briefs High Courts

Ker HC | Can the fact that minor rape victim attained majority and married the rapist lead to quashment of criminal proceedings? HC answers

Kerala High Court: Shircy V., J., held that argument that now the victim of rape had attained majority and was living happily

Case Briefs High Courts

Priest of Temple commits penetrative sexual assault on young girl: Ker HC observes which God would accept obeisance and offerings of such Priest or make him a medium?

Kerala High Court: Expressing, “When a man abandons his wife and children, roving vultures wait to prey on not only the abandoned

Case Briefs High Courts

Del HC | Can testimony of child victim be trustworthy? HC reiterates law on finding child witness competent

Delhi High Court: Emphasising the reliability on the child victim’s testimony, Manoj Kumar Ohri, J., dismissed the appeal filed and the conviction

Case Briefs High Courts

Ori HC | “India will be free when the women feel safe to walk in the streets of India in the midnight”; Conviction upheld under S. 341 IPC and S. 4 of POCSO Act

Orissa High Court: S. K. Sahoo, J., dismissed the petition being devoid of merits and upheld the conviction passed in the impugned

Case Briefs High Courts

Bom HC | If a minor is made to succumb to penetrative sexual assault by various customers and is induced into prostitution, will person responsible for the same be punishable under POCSO Act? HC explains

Bombay High Court: Mangesh S. Patil, J., while upholding the decision of Special Judge elaborated on the Sections of POCSO Act in

Case Briefs High Courts

P&H HC | “Nightmarish and traumatic”; HC denies bail in a case of sodomy committed to an 8-year-old child

Punjab and Haryana High Court: H.S. Madaan, J., rejected the bail application of the applicant accused of committing an act of sodomy

Case Briefs High Courts

J&K HC | Is taking off trousers of victim as well as taking off one’s own trousers an attempt to rape? HC clarifies distinction between indecent assault and attempt to rape

Jammu and Kashmir High Court: Sanjeev Kumar, J., granted bail to the applicant in arrested in a rape case. While clarifying the

Case Briefs

P&H HC | “A juvenile cannot be arrested”; HC holds application for anticipatory bail by a juvenile is not maintainable in law

Punjab and Haryana High Court: Rajesh Bhardwaj, J., held that plea for anticipatory bail by a juvenile is not maintainable in law

Case Briefs High Courts

Megh HC | Grant of bail entirely within the discretion of Judge; Bail denied, directions issued to provide online facilities for gang rape accused to attend classes

Meghalaya High Court: W. Diengdoh, J., dismissed an application filed by the Petitioner with a prayer for grant of bail on behalf

Case Briefs High Courts

Kar HC │ Can the statement recorded under Section 164 of Cr.PC be considered to be evidence under Section 35 of the POCSO Act? Whether the accused is entitled to bail in case the mandate under Section 35 of the POCSO Act has not been completed?

Karnataka High Court: A Division Bench of B. V. Nagarathna and M.G. Uma JJ. held that the accused does not have a

Case Briefs High Courts

Tri HC | Strong prima facie case leaves no ground for custodial immunity; Court rejects bail application in matter of Ss. 377 and 506 of IPC and S. 6 of POCSO

Tripura High Court: S.G. Chattopadhyay J., rejected a bail application which was filed in the matter of an FIR registered under Sections

Legal RoundUp Supreme Court Roundups

Supreme Court Monthly Roundup – January 2021

TOP STORIES Supreme Court gives a go-ahead to Central Vista Project in a 2:1 verdict “What purpose will a public interest proceeding

Case Briefs Supreme Court

No sexual assault if no ‘skin to skin’ contact? Supreme Court stays Bombay High Court’s “dangerous precedent” on POCSO Act

Attorney General for India K. K. Venugopal brought to the Court’s notice that the Nagpur Bench of Bombay High Court has passed a judgment dated 19.01.2021 is likely to set “a dangerous precedent”.

Case Briefs High Courts

Bom HC | 70-year old man convicted under S. 10 POCSO Act for touching breast of a minor child aged 8 years old amounting to ‘aggravated sexual assault’

Bombay High Court: Vinay Joshi, J., altered the conviction for rape and penetrative sexual assault to an act of aggravated form of

Case Briefs High Courts

Chh HC | Bail granted to accused under POCSO Act on grounds of non-objection by the victim/ complainant

Chhattisgarh High Court: Prashant Kumar Mishra J., allowed the application and granted bail in the matter concerning offence under Protection of Children

Case Briefs High Courts

Guj HC | Rape charges on boy filed by minor wife quashed; Costs imposed on parents for ruining childhood of minors

Gujarat High Court: A.S. Supehia, J., quashed a rape case against a boy which was filed by his minor wife. The FIR