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.
POCSO
Know Thy Judge | Supreme Court of India: Justice Bela Madhurya Trivedi
Justice Bela M. Trivedi, who was appointed as a Supreme Court Judge in 2021, is the first woman Judge from Gujarat High Court to be elevated to the Supreme Court and a Limca Book of Records holder.
DNA of unborn child did not match the DNA of accused; Delhi High Court grants bail in a rape case
The Court directs that the petitioner should be released on bail after noting the FSL report which shows that the DNA of the unborn child of the prosecutrix did not match with the accused.
Even slightest penetration of male organ into female parts amounts to rape; Allahabad High Court reiterates
Allahabad High Court said that any statement of a rape victim is an extremely humiliating experience for a woman, and until she is a victim of sex crime, she would not blame anyone but the real culprit.
[POCSO] | Consideration of bail plea cannot be deferred indefinitely simply because the victim is keeping herself away from appearing in Court: J&K and Ladakh HC
“It is not the case of the prosecution that trial is being delayed because of the conduct of the accused but it is a case where the victim is avoiding stepping into the witness box.”
[POCSO] Not expected for 7-year-old child to recapitulate the harrowing incidents with mathematical precision; Delhi High Court upholds conviction based on child testimony
Delhi High Court observed that it cannot lose sight of the fact that alleged offence was committed with a child victim of tender age who got frightened by the threats extended to him by the accused as well as by the alleged act of the accused and it is not expected that a child of such a tender age would behave like an adult by raising the alarm promptly.
Justice M.R. Shah Retires: A Look at his Dynamic Tenure and Decisions
After an active tenure of 4.5 years at the Supreme Court, which includes authoring of nearly 700+ decisions, Justice Mukeshkumar Rasikbhai Shah retires today.
No presumption of rape can be made out between minor wife and husband if physical relationship is specifically denied: Allahabad High Court
Mazid Bayan is also a part of investigation, and it can be relied on by Investigating Officer while filing a final report/ charge sheet and only caveat is that it may not be a tutored statement or recorded only for the purpose of predetermined object to continue investigation in a particular way and it may not be on whimsical approach of Investigating Officer.
‘Adolescent love must be scrutinized in the backdrop of real-life situations’; Delhi High Court grants bail to a man charged under POCSO Act
The attitude towards early love relationships, especially adolescent love, had to be scrutinized in the backdrop of their real-life situations to understand their actions in each situation because the teenagers who try to imitate romantic culture of films and novels, remain unaware about the laws and the age of consent.
Delhi High Court| Mandatory Reporting under POCSO Act shall override the restrictions imposed under S. 198(1) & (3) CrPC
Delhi High Court observed that there is no distinct category within child victims of rape as those who are married and those who are not.
[POCSO] Absence of wisdom tooth does not conclusively prove age below 18 years; Bombay High Court acquits accused
Eruption of wisdom tooth may at the most suggest that the age of the person is 17 years or above, but non-eruption or absence of wisdom tooth does not conclusively prove that the person is below 18 years of age.
HIGH COURT APRIL 2023 ROUNDUP| 100+ Stories on Aarey Car Shed Project; Kanpur Bar Association Strike; Bhushan Steel scam; Rahul Gandhi’s Defamation Case; and more
A quick legal roundup to cover important stories from all High Courts in April 2023
‘Victim’s date of birth recorded in school records not free from doubt’; Allahabad High Court acquits POCSO Convict on benefit of doubt
Allahabad High Court said that the admission form has not been filled in by the parents of the victim, but by a stranger, whose credentials are unknown. Thus, the significance of victim’s medical age determination will be considered, as per which, she was a major on the date of the incident.
POCSO Act not enacted to punish minors in romantic, consensual relationships: Bombay High Court
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.
Minor Rape Case | Supreme Court extends anticipatory bail granted to POCSO accused
The Patna High Court had rejected the petitioner’s anticipatory bail in this matter, while the Supreme Court granted protection to the petitioner against arrest on 16-12-2022.
Asharam Bapu Case| Supreme Court sets aside Rajasthan High Court Judgment directing summoning and recording of evidence of IPS Ajay Pal Lamba
The Supreme Court said that the power to take additional evidence in an appeal is to be exercised to prevent injustice and failure of justice, and thus, it must be exercised for good and valid reasons necessitating the acceptance of the prayer.
Criminal proceedings under S. 376 IPC and POCSO cannot be quashed based on compromise entered between accused and victim, Allahabad High Court reiterates
Allahabad High Court said that the power of quashing criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of the rare cases.
‘Ugly haste has been shown by the Trial Court’; Patna High Court orders fresh trial in POCSO case which concluded in one working day
The Patna High Court held that the trial in the POCSO case was vitiated as it was commenced, conducted, and concluded in just one working day, in violation of principles of natural justice and in disregard to the provisions of CrPC. Thus, the matter was remanded to the Trial Court for fresh trial.