‘16-year-old girl capable of making conscious decision for her well-being’; Meghalaya HC quashes POCSO proceedings against boyfriend
The Court also said that prima facie, it appeared that there was no mens rea involved.
Protection of Children from Sexual Offences Act 2012
Victim’s parents ‘exaggerated’ their versions to attract POCSO Act; Calcutta High Court acquits accused
The Court observed that the prosecution evidence on being scrutinised should inspire the confidence of the Court regarding the factum of sexual intent being involved in the case in hand.
Uttaranchal High Court grants bail to a Child-in-conflict with law considering that she was young and had less understanding to differentiate between right and wrong
A Child-in-conflict with law (CIL) was granted bail considering that she was a young girl; her family was poor; she had less understanding to distinguish between right and wrong and her family atmosphere was good. The Court also discussed situations in which a CIL could be denied bail even in bailable offences as per Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
‘Sentencing policy’s twin objective is deterrence and correction’; Bombay High Court reduces POCSO convict’s sentence in a 7-year-old’s sexual assault case
The Court observed that the convict was a young boy of 20 years, who has no father, and was shouldering the responsibility of his widowed sister and her son, hence, imprisonment for a term of 14 years would be adequate, to teach him a lesson.
Allahabad High Court| Anticipatory bail is a statutory right not a Constitutional right; Successive anticipatory bail application not maintainable
Allahabad high Court: In a second anticipatory bail application for offences under Sections 363, 366, 376 of the Penal Code,
Manipur High Court| Right to dignity of an accused does not dry out with the Judges, rather, it subsists beyond the prison gates and operates until his last breath
Manipur High Court: In a case where the criminal appeal was pending and the applicant convicted under Section 6 of the Protection
Sikk HC | Prosecution’s failure to extract actual act in victim’s deposition results in alteration of conviction for rape to that under S. 354 IPC
Sikkim High Court: A Division Bench comprising of Meenakshi Madan Rai and Bhaskar Raj Pradhan, JJ., while allowing an appeal, found error
Parameters for assessing quantum of punishment for rape upon child reiterated; sentence of imprisonment for life modified
Delhi High Court: A Division Bench comprising of Vipin Sanghi and I.S. Mehta, JJ. modified the sentence of the appellant convicted under
Benefit of doubt while determining the age by bone ossification test is to go in favour of the accused
Delhi High Court: A Single Judge Bench comprising of Sanjeev Sachdeva, J., allowed a criminal revision petition filed against the order of