‘Conviction more than shocking’: Uttaranchal High Court suspends POCSO conviction; grants bail after victim pleads for accused’s liberty
“This is not a case of insufficient evidence, but a case of no evidence at all.”
POCSO Act
Know why Karnataka High Court denied bail to 68-year-old accused for gangrape of minor
“The act of committing sexual assault on the victim by taking advantage of her poverty and her innocence and also particular community is ruthless act.”
Inside Karnataka HC’s order rejecting bail of a married man accused of sexually assaulting Scheduled Caste minor
“It is high time to send a strong signal to the society at large to be more vigilant on women and children belonging to weaker sections of the society.”
Safeguarding Her Future: Allahabad HC and UNICEF host State-Level consultation on strengthening girl child protection under Juvenile Justice and POCSO Acts
Focused on the effective implementation of the Juvenile Justice Act, 2015 and the POCSO Act, 2012, the consultation brought together key stakeholders to advance the safety and rights of the girl child in Uttar Pradesh.
At what stage the claim of juvenility can be raised by the accused juvenile?: Rajasthan High Court answers
“If two views are possible during the course of enquiry, the Court should lean in favour of holding the accused to be juvenile in borderline cases.”
Rajasthan High Court denies Abortion for 32-weeks Pregnant minor deaf and mute rape survivor; Outlines Pre and Post-delivery care plans
“Where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy is presumed to constitute a grave injury to the mental health of the woman.”
POCSO cases to be tried expeditiously; applications to recall witnesses without disclosing justifiable reason not permitted: Delhi High Court
In the present case, it is merely stated that certain clarification is required, for which cross-examination of the witnesses is sought. Such vague assertion, without specifying the nature of the discrepancies or their relevance to the just adjudication of the case, cannot constitute a sound ground for allowing an application to recall witnesses.
‘POCSO Act is gender neutral’; Karnataka High Court refuses to quash sexual assault case against Woman
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.
Madras HC orders removal of ‘Bad Girl’ teaser from YouTube citing child pornographic depiction & State’s duty under Article 39(f)
“The State has to ensure the protection against exploitation and to provide childhood care, and therefore the said words ‘protection’ and ‘care’ has to be given widest meaning.”
READ WHY Madras HC ordered fresh investigation in POCSO case despite negative DNA report of the accused
“POCSO offences are grave and demand stringent punishments along with meticulous investigations to deliver justice. It is imperative for the prosecution to conduct thorough and proper investigations reflecting the severity of these offences.”
Know why Uttaranchal High Court ordered a retrial of a blind man accused under POCSO
“The failure to provide documents to the accused in a language in which the accused could not read, would definitely scuttle the chances for the accused to instruct and assist his counsel in canvassing the defence on his behalf.”
Accused can’t said to be “brutal” though “barbaric”; MP High Court commutes death sentence to 25 yrs imprisonment in 4-yr-old minor rape case
While the crime was heinous and against a child, the Court noted that although the act was “barbaric”, it could not be termed “brutal” in the sense that it required capital punishment.
In absence of any documentary proof of date of birth, ossification test is required: Delhi HC sets aside conviction under POCSO Act
“In the present case, despite the clear statement given by the survivor that the relationship between the appellant and herself was consensual in nature, he has been convicted under the POCSO Act only for the reason that on the date of incident she was less than 18 years of age.”
Victim attaining majority during trial not entitled to “Child-Specific” safeguards under Section 33(2) of POCSO Act: Rajasthan High Court
“The law… does not permit a retrospective resurrection of childhood once the individual steps into legal adulthood; and to permit otherwise would be to dilute the doctrinal rigour of age-based legal classifications and introduce subjectivity into a domain that demands exactitude.”
Medical Termination of Pregnancy | MP High Court upholds minor sexual assault survivor’s right to continue Pregnancy; directs for comprehensive State support
“The right of personal liberty guaranteed under Article 21 of the Constitution of India has held that unmarried woman has right to decide in respect of the pregnancy.”
Supreme Court dismisses petition challenging 20 years’ rigorous imprisonment given to convict under S. 6 of POCSO Act
The Trial Court hadn’t given any separate sentence to the convict under Sections 376(3), 377, 506 of the IPC and Section 4 of the POCSO Act in view of Section 42 of the POCSO Act.
Supreme Court urges sensitization of officials and creation of more POCSO Courts to combat delays in child rape trials
“In our opinion, since the timelines have been stipulated under the POCSO Act for all stages right from the stage of Investigation up to the stage of Trial, the same must be adhered to as far as possible. Because of the inadequacy of the number of exclusive Courts for the POCSO Cases, the said timelines mandated in the Act for completion of the trials are not being maintained.”
Offence under POCSO Act not against individual but against society; Subsequent marriage between accused and victim does not erase the crime: Madras HC
“Offence under the POCSO Act is not against individual and it is against the Society. Hence, the subsequent marriage between the convict and the victim will not take away the offence committed by the convict when the victim girl was a child. If the defence of subsequent marriage or the elopement is accepted, then the purpose of enactment of the POCSO Act would get defeated.”
Delhi High Court sets aside charge u/s 21 POCSO Act against mother for delay in reporting sexual assault of her child by father
The Court stated that when the mother herself was living under constant fear, abuse, and violence inflicted by the same man, who had assaulted her child, her capacity to protect, act, or even process the truth is also deeply impaired. It is vital to understand the state of helplessness and paralysis that may result in such a traumatic environment.
Grabbing breasts, breaking minor’s Pajama string not attempt to rape, but ‘aggravated sexual assault’: Allahabad HC modifies summoning order
Allahabad High Court concluded that the findings of the court below regarding the offence of attempt to rape in relation to accused persons are not sustainable. Instead, they should be summoned for offence under Section 354(b) of the IPC, read with Section 9 read with Section 10 of the POCSO Act.