Know Thy Judge | Justice N. Anand Venkatesh, Madras High Court
Justice N. Anand Venkatesh of Madras High Court is known within the legal fraternity for his progressive, profound and to the point judgments.
POCSO
Mere acquittal in criminal case will not automatically qualify candidate for appointment to a post in law enforcement agency: Supreme Court
“The yardstick to be applied in cases where the appointment sought relates to a Law Enforcement Agency, ought to be much more stringent than those applied to a routine vacancy.”
[Law Commission Report 283] Law Commission recommends amending POCSO Act, JJ Act and Penal Code
However, the Commission was of the view that it is not advisable to tinker with the existing age of consent under the POCSO Act.
Delhi High Court deprecates children being used as an instrument in matrimonial disputes; Directs lawyer husband to do 10 pro bono cases
Delhi High Court mentioned that children born from the wedlock will be free to pursue their legal rights in accordance with the law. The parties have entered a settlement only regarding their rights and titles leaving open the the rights, titles, and interests of the children to pursue their legal remedies as per law.
Trial Court rightly relied upon Aadhaar card to ascertain victim’s age u/s 94 of the JJ Act, 2015; Delhi High Court upholds discharge in POCSO case
“Wherever the dispute with respect to the age of a person arises in the context of her or him being a victim under the Protection of Children Against Sexual Offences Act, 2012, the courts have to take recourse to the steps indicated in Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015.”
[POCSO] Delhi High Court issues considerations for Courts while granting bail in sexual offences
While considering matters involving sexual offences, a Court must be mindful that the incidents of sexual violence have adverse effects on the overall growth and development of the said human being, thus it is in the interest of justice and society at large that proceedings are handled with due care and precaution, especially when the Court is dealing with an application for releasing the accused on bail.
Orissa HC upholds Brother’s conviction for impregnating minor sister
“A brother for a sister is a protector, confidant and a lifelong friend. They share a unique bond that nothing can replace. A sister is a treasure beyond measure for the brother whereas a brother is a hero in disguise and a role model for the sister”.
“Where women are respected Gods live there”; Supreme Court cancels bail of Rajasthan MLA’s son in 15-year-old’s gang-rape case
The Supreme Court was of the opinion that the Rajasthan High Court seemed to have been primarily swayed by the delay in filing the complaint i.e. 13 months for granting bail in favour of the accused, without considering other important facts.
Courts must look into attending circumstances with due care in cases based on ulterior motive for wreaking personal vengeance: Supreme Court
Supreme Court noted that there are multiple FIRs that have been registered over a period, thereby attracting the issue of wreaking vengeance out of private or personal grudge as alleged.
POCSO| Role of Support person in child sexual abuse cases crucial; All States must frame guidelines in this regard: Supreme Court
“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.”
Termination of pregnancy can be made without disclosing minor’s name in report, in case of consensual relations: Madras High Court
Madras High Court said there are instances where a minor and their guardian may not be interested in proceeding further with the case and entangle themselves in a legal process. In such instances, termination of pregnancy can be made without the disclosure of the name of the minor.
Rajasthan High Court commutes death penalty of a man convicted for rape and murder of 4 and a half-year old girl
“The Trial Court has rightly convicted the accused and we do not find any illegality in the impugned judgment of conviction and therefore, the same deserves to be upheld.”
Mere absence of injuries cannot be a ground to hold that penetrative sexual assault did not take place: Delhi High Court
The Trial Court observed that the victim was very young at the time of the incident and minor contradictions could not be a ground to disbelieve her testimony.”
‘When father takes role of predator, it has serious impacts on humanity’; Orissa HC upholds father’s conviction for raping minor daughter
“The delay in lodging FIR in cases of child rape should be taken with much sensitivity and the Courts concerned must judiciously weigh all the surrounding factors which led to such delay as discarding the otherwise meritorious case of the victim merely because there was failure to knock at the portals of justice in a time-bound manner would mean nothing but adding a pinch of salt to the victim’s injury.”
Criminal Proceedings against victim must be initiated in cases of false FIRs filed under POCSO and SC/ST Act: Allahabad High Court
It is very unfortunate that now a days, in maximum cases the women are using false rape FIRs as a weapon just to grab money from State, which should be stopped.
Delhi High Court takes suo motu cognizance of sexual assault on 3-year-old girl child by school cleaner in South Delhi
“The counsel for the respondent was directed to take all necessary measures to protect the identity and right to privacy of the girl child and that the media acts in compliance with Section 23 of Protection of Children from Sexual Offences Act, 2012.”
[POCSO] Bombay High Court upholds conviction of accused of raping a 6-year-old based on medical evidence
Bombay High Court observed that the appellant was aged 46 when the offence was committed and it has come in the evidence that he was residing with his wife and children. Still, he has ravished a small child aged six years and, therefore, no leniency can be shown against him.
Madras High Court directs DGP to identify cases involving consensual relationship amongst pending POCSO cases; Discontinues two-finger test and potency test
If consensual relationship cases are segregated from the pending cases, it will be easy to deal with them and in appropriate cases, the Court can also exercise its jurisdiction and quash the proceedings, if the proceedings are ultimately going to be against the interest and future of the children involved in those cases and it is found to be an abuse of process of Court.
Inter-faith couple, live-in relationship and Section 376 of IPC: Supreme Court grants bail after 9 months’ jail
Supreme Court also considered the fact that the inter-faith couple had jointly approached the High Court seeking police protection.
Delhi High Courts rejects bail plea of a teacher accused of raping student
During a certain phase when the alleged forceful sexual intercourse was committed, the student was a minor.