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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.
In the case of sexual assault, denying a woman right to say no to medical termination of pregnancy and fasten her with responsibility of motherhood would amount to denying her human right to live with dignity as she has a right in relation to her body which includes saying Yes or No to being a mother.
Kerala High Court expressed that ‘same transaction’ is the essence being vital for deciding whether series of acts in question are connected for a common trial.
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.
In a case of consensual adolescent mutual love, there will be no place of abusing, blackmailing, inducement, threat, violence, pressurizing and threatening the prosecutrix to convert her religion for forcibly getting married even when she wanted to get out of the abusive relationship.
Delhi High Court observed that the child who was being examined in the case at hand was in the category of a child witness who is vulnerable and a victim of sexual assault by her own father, and it was not a new phenomenon in criminal jurisprudence.
by Tanya Agarwal†
The Delhi High Court opined that the woman’s consent was implied and express and not coerced by deceit as she maintained the physical relationship with the man for 12 years and thus, the Court upheld Trial Court’s Order of discharging a man who was accused of raping her.
The legislation in its own wisdom have planned to use the state machinery to investigate into all those offences, in which the women are poor victims of the atrocities committed by male.
The Bombay High Court came down heavily on the law firm for revealing the identity of a rape victim. The Court, while allowing the firm’s application to mask the name of the victim imposed a cost of Rs. 5,000 on it.
Gujarat High Court denied showing any leniency while deciding bail application of accused charged with offences under POCSO Act.
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.
Delhi High Court: In a case where revision petition was filed against the order passed by the Trial Court by
Allahabad High Court: In a criminal revision petition filed against the orders passed by the Juvenile Justice Board (‘JJB’) and
Delhi High Court: In an appeal challenging the order passed by the Additional Sessions Judge convicting the Father (Appellant) under
“In a case of rape or sexual assault, the act not only affects the physical well-being of the victim but would also leave a very deep emotional scar which would require prolonged counselling for the experience and the image to be erased from the mind of the victim. Such an act would have a more profound effect on a child.”
The “two-finger test” or pre vaginum test has no scientific basis and neither proves nor disproves allegations of rape. It instead re-victimizes and re-traumatizes women who may have been sexually assaulted, and is an affront to their dignity.
Sessions Court, Borivali Division, Mumbai: In a case filed by a minor girl against the accused for offences under Sections 354, 354-D,
Meghalaya High Court: In a criminal appeal filed by the convict/appellant, convicted under Section 5(m) of the Protection of Children