POCSO

orissa high court
Case BriefsHigh Courts

“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.”

allahabad high court
Case BriefsHigh Courts

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
Case BriefsHigh Courts

“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.”

bombay high court
Case BriefsHigh Courts

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
Case BriefsHigh Courts

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.

live-in relationship and section 376 of ipc
Case BriefsSupreme Court

Supreme Court also considered the fact that the inter-faith couple had jointly approached the High Court seeking police protection.

delhi high court
Case BriefsHigh Courts

During a certain phase when the alleged forceful sexual intercourse was committed, the student was a minor.

justice bela m. trivedi
Know thy Judge

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.

delhi high court
Case BriefsHigh Courts

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.

allahabad high court
Case BriefsHigh Courts

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.

jammu and kashmir and ladakh high court
Case BriefsHigh Courts

The High Court was deliberating over a bail application wherein the accused was charged under S. 377, IPC and POCSO act for commission of fiendish crime against a child.

jammu and kashmir and ladakh high court
Case BriefsHigh Courts

“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.”

delhi high court
Case BriefsHigh Courts

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
Know thy Judge

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.

allahabad high court
Case BriefsHigh Courts

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.

delhi high court
Case BriefsHigh Courts

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
Case BriefsHigh Courts

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.

Bombay High Court
Case BriefsHigh Courts

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 courts roundup
High Court Round UpLegal RoundUp

A quick legal roundup to cover important stories from all High Courts in April 2023

allahabad high court
Case BriefsHigh Courts

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.