Bringing you the Best Analytical Legal News
Himachal Pradesh High Court held that the Trial Court had rightly concluded that the appellant was guilty of aggravated penetrative sexual assault under the POCSO Act. The offence is punishable under Section 6 of the Act, which prescribes a minimum sentence of 20 years’ imprisonment.
Supreme Court held that the presumptions relating to the commission of an offence and culpable mental state under the POCSO Act are rebuttable. As the appellant had successfully rebutted the statutory presumption and the prosecution had failed to establish his guilt beyond reasonable doubt, the Court acquitted him of the offences under Section 363 IPC and Section 6, POCSO Act.
The High Court examined whether reliance on CA reports, without summoning the scientific experts, affected the fairness of the trial in a case involving allegations of aggravated sexual assault and homicide
A ‘Police Didi’ Program enabled the victim to approach authorities, supported by her Principal and counsellor.
The submission that in a sexual intercourse the male is ever an active agent, and the woman forever is a passive recipient is archaic notion which finds no foothold in the present day.
The Trial Court did not notice the facts that the offence was committed in 2014 and at that time there was no such punishment as rigorous imprisonment for the remainder of natural life in Section 6 of POCSO Act.