No leniency to be shown to a person committing offence under POCSO Act; Gujarat High Court rejects bail plea
Gujarat High Court denied showing any leniency while deciding bail application of accused charged with offences under POCSO Act.
sexual assault
‘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.
Delhi High Court | Statement made under Sec 164 CrPC disclosing commission of rape is sufficient to frame charges under Sec 376 IPC
Delhi High Court: In a case where revision petition was filed against the order passed by the Trial Court by
Allahabad High Court reiterates that the gravity of the offence is of ample significance for a case to fall within the exceptions under the proviso to Section 12(1) of JJ Act
Allahabad High Court: In a criminal revision petition filed against the orders passed by the Juvenile Justice Board (‘JJB’) and
Delhi High Court upholds 12-year imprisonment awarded to father guilty of raping his minor daughter
Delhi High Court: In an appeal challenging the order passed by the Additional Sessions Judge convicting the Father (Appellant) under
Act of mutual affection between young boyfriend and girlfriend cannot equate with ‘Sexual Assault’ under POCSO Act; Meghalaya High quashes FIR
“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.”
Patriarchal & sexist to assume that a sexually active woman cannot be raped; Anyone conducting ‘two-finger’ test will be guilty of misconduct: SC
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.
[POCSO] Eve teasing and roadside romeos need to be dealt with heavy hand; Bombay Sessions Court convicts man for 1.5 years for calling a minor girl an “item”
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| Penetration has to be medically established and doesn’t have to be deep or complete to be considered penetration under the POCSO Act
Meghalaya High Court: In a criminal appeal filed by the convict/appellant, convicted under Section 5(m) of the Protection of Children
Kerala High Court confirms pre-arrest bail order to Civic Chandran; Expunged ‘provocative dress’ remark of Kozhikode Sessions Court
Kerala High Court: In a criminal miscellaneous petition filed to set aside the order granting pre-arrest bail by the Sessions
Pulling the dupatta of a girl amounts to offence under S. 354 IPC; Bombay Special Court directs compensation of Rs 15000 to the minor victim
POCSO Special Court, at Fort, Gr. Bombay: In a case where charge sheet is filed against the accused for offences
Karnataka HC | In sexual assault cases, DNA report favouring the accused will not automatically absolve such accused of the offences so alleged
Karnataka High Court: While deliberating over the instant petition seeking termination of proceedings under the provisions of the POCSO Act,
Father ravished his own daughter in the most “inhumane manner”; Punjab and Haryana High Court upholds father’s conviction for committing rape on daughter
Punjab and Haryana High Court: While deciding the instant appeal, where the father was accused of raping and committing sexual
“Sexual assault” or “rape” under Medical Termination of Pregnancy laws includes “marital rape”: holds Supreme Court, without changing the contours of ‘rape’ defined under Section 375 IPC
“The nature of sexual violence and the contours of consent do not undergo a transformation when one decides to marry. The institution of marriage does not influence the answer to the question of whether a woman has consented to sexual relations. If the woman is in an abusive relationship, she may face great difficulty in accessing medical resources or consulting doctors.”
Bilkis Bano’s rapists walk free: Supreme Court issues notice to Gujarat Government
When on August 15, 2022, her rapists walked out of the prison after serving 15 years’ imprisonment based on Gujarat Government’s remission policy, Bilkis Bano found herself “bereft of words” and “numb”.
Delhi High Court directs registration of FIR in an alleged rape by BJP Leader Shahnawaz Hussain after noticing complete reluctance on part of police authorities
Delhi High Court: In a case of allegations of rape and sexual assault leveled against the BJP leader Syed Shehanawaz Hussain (‘petitioner’),
Unexplained delay in filing FIR; Accused’s old age and physical disability; Victim’s “sexually provocative” dress, inter alia, lead to Kerala Court granting bail to Malayali writer Civic Chandran
Court of Sessions, Kozhikode: In an interesting case, S. Krishna Kumar, Sessions Judge granted bail to 74 years old Malayali
Sexual assault on minors traumatic, destroys personality: Patna High Courts upholds father’s conviction for raping his minor daughters for 6 years
Patna High Court: The Division Bench of A.M. Badar and Rakesh Kumar Verma, JJ., while dismissing an appeal observed that a sexual
Kerala High Court upholds conviction of a father for sexually assaulting his minor daughter
“In a tradition-bound society like ours, particularly in rural areas, it would be quite unsafe to throw out the prosecution case merely on the ground that there was a delay in lodging the FIR.”