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‘The bail application of an accused for offence under Section 64 of BNS cannot be heard and disposed of without giving the victim an opportunity to be heard.’
A quick legal roundup to cover important stories from all High Courts this week.
Although the offence of ‘aggravated sexual assault’ was not mentioned in the compensation scheme, the Court referred to the offence of ‘unnatural sexual assault’ to determine the quantum of compensation.
The Court remanded the matter back to the Children’s Court, directed the Sessions Court/POCSO Court to handover the charge sheet to the Children’s Court and the case registered before the Children’s Court was thus restored.
Asaram Bapu was sentenced to life imprisonment for offences punishable under Sections 376 and 377 of the IPC for raping a sevika at Surat Ashram, in the name of her promotion as an orator for religious discourses.
The Court further pointed out that while considering the bail applications, the factors which are required to be considered are nature of offence, gravity thereof and societal impact etc.
The Court noted that Section 90 of IPC does not define the term “consent”, but the law does not see “consent derived from a fear of injury and misconception of fact” as consent.
The Court opined that since the petition was filed after 01-07-2024, it ought to have been filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Bhavani Revanna is the mother of suspended Janata Dal (Secular) leader Prajwal Revanna, who is facing cases for alleged sexual offences committed against several woman
In cases of sexual assault and POCSO cases, wherever, the court is called upon to determine the age of victim based on “bone age ossification report”, the upper age given in “reference range” be considered as age of the victim.
‘Victim would have thought that she would find monastery in the lap of her father, instead, he turned out to be a monster.’
The Court opined that radiological age of the victim has been assessed to be eighteen years and from the tenor of her cross-examination, it is apparent that she has wilfully left the house of her father and accompanied appellant to various places.
“Nothing can be more heinous than a crime committed on the person of a child by her father, the one who is duty-bound to provide her unflinching protection from all harm.”
“The quarrel at the time of incident and matrimonial differences provides a strong motive for falsely implicating the appellant subsequently.”
Notwithstanding the conclusion due to inconsistent prosecution evidence, the Court emphasized that timely disclosure, effective investigation and prompt trial are necessary in sexual abuse cases involving young complainants.
Kerala High Court hinted that evidence of sexual assault victim could be the sole basis of conviction, provided that the same was of a ‘sterling quality’.
It is crucial to recognize that delays in the victim’s testimony before the learned trial court, often attributed to the intricate nature of trauma recovery, should not serve as grounds for the accused to seek bail.
“In order to prosecute and punish a witness for offence of perjury, it must be established that the statement was made by him deliberately and consciously, which subsequently, was found to be false as a result of comparing it with other unimpeachable evidence on record”.
The High Court was shocked to find that the Trial Judge have not understood properly what is meaning of the theory beyond reasonable doubt in appreciating the evidence in POCSO cases.
Calcutta High Court concurred with the trial court’s decision to acquit the accused under Section 366 of IPC due to absence of evidence supporting sexual assault.