Potency Test Conducted On POCSO Accused Without Consent Does Not Violate Right To Privacy Or Bodily Integrity : Kerala High Court

The Kerala High Court recently observed that potency test can be conducted on a man, who is accused in a criminal case, without his consent and it is not violative of Article 21 of the Constitution of India.Justice A. Badharudeen rejected the ground raised that the potency test conducted without informed consent violated his right to privacy and bodily integrity guaranteed under Article 21....

'Encounter Killings, Selective Crackdowns': Allahabad HC Slams UP Police Over Targeted Actions; Flags Misuse Of Gangsters Act

While quashing criminal proceedings initiated against 3 family members over a civil dispute, the Allahabad High Court on Wednesday delivered a scathing reprimand to the Uttar Pradesh Police for the targeted use of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.A bench of Justice Vinod Diwakar also flagged how the encounter killings and selective crackdowns...

NDPS Act| Vehicles Turn To Junk, Value Goes Down The Drain: P&H High Court Slams Idle Confiscation, Orders Release

The Punjab and Haryana High Court has ordered the release of a truck seized in an NDPS case on financial bonds, emphasizing that keeping vehicles idle for prolonged periods leads to deterioration, economic loss, and serves no useful purpose.Justice Anoop Chitkara and Justice Sukhvinder Kaur said, "...when any confiscated vehicle is kept out of use by placing it in a parking lot, it serves...

Madras High Court Upholds POCSO Conviction Relying On Child's DNA Report Despite Survivor Turning Hostile; Modifies Sentence To 20 Yrs

The Madras High Court has upheld the conviction of a man under POCSO Act for sexually assaulting a minor girl ultimately leading to pregnancy and wherein the trial court had relied on the child's DNA report to substantiate offence of penetrative sexual assault. The appellant claimed that neither the girl nor her parents supported the prosecution's case and the trial court had convicted...

Mere Assertion That Accused Opted For Search Before Gazetted Officer Does Not Establish Compliance With S.50 NDPS Act: J&K&L High Court

Holding that mere assertion that an accused opted to be searched before a Gazetted Officer does not by itself establish compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the High Court of Jammu & Kashmir and Ladakh has observed that the prosecution must further prove through consistent and reliable evidence that the search was actually conducted before...

'Allegations Are Unpardonable': Karnataka High Court Refuses To Quash POCSO FIR Against Teacher Accused Of Sexually Assaulting Student

The Karnataka High Court on Thursday [June 4] declined to quash a POCSO case against a school headmaster accused of sexually assaulting a 15-year-old student, observing that the allegations levelled against him are 'unpardonable'.The single judge bench of Justice M. Nagaprasanna, hearing the quashing plea moved by the accused and asked him to seek discharge before the trial court. “…You...

POCSO | Success Of Protection Laws Depends On Child's Emotional Well Being: Madras High Court Moots State-Wide Sensitisation Programme

The Madras High Court recently highlighted that the true success of the child protection laws in the state rests not merely on the number of convictions secured, but on the overall well-being of the child and the sensitivity with which the institutions treat the child who comes into the justice system. “The true success of child protection jurisprudence will not be measured solely...

Rajasthan High Court Imposes One-Year Social Media Ban On POCSO Accused Held For Allegedly Cyber-Stalking Minor

While granting bail to a POCSO accused, Rajasthan High Court imposed a unique condition that bars him from using all kinds of social media platforms for 1 (one) year, for ensuring safety of the victim. The bench of Justice Ashok Kumar Jain observed that if the accused was found using social media under his own name or any other fictitious name, during this period, the bail order shall...

'Uglier Side Of Matrimonial Litigation' : Supreme Court Flags Trend Of Wives Filing False POCSO Cases Against Husbands

The Court lamented that the child is being used as a weapon to lodge false cases as an arm-twisting tactic.

Supreme Court Dismisses Plea Challenging Anticipatory Bail Granted To Swami Avimukteshwaranand Saraswati In POCSO Case

The Supreme Court today refused to entertain a plea filed challenging the Allahabad High Court's March 25 order granting anticipatory bail to Swami Avimukteshwaranand Saraswati in the Prayagraj POCSO Case over alleged sexual abuse of minors.A bench comprising Justice MM Sundresh and Justice NK Singh heard the matter. Ashutosh Brahmachari, the first informant in the case, had filed the...

POCSO Act | Complete Penetration Or Rupture Of Hymen Not Necessary To Prove Penetrative Sexual Assault: Gauhati High Court Reiterates

The Gauhati High Court has upheld the conviction of a man under Section 6 of the POCSO Act, observing that penetrative sexual assault does not necessarily require complete penetration or rupture of hymen, and that the victim's testimony in the present case was sufficient to sustain the conviction.The Court was hearing a criminal appeal filed by one Satish Ray, challenging his conviction...

POCSO Case Can't Be Closed Merely Because DNA Excludes Accused As Child's Father: J&K&L High Court Orders SIT Probe

The Jammu & Kashmir and Ladakh High Court has refused to quash an FIR registered under the Protection of Children from Sexual Offences (POCSO) Act against a petitioner, even though a DNA report excluded him as the biological father of the child born to the minor victim.The Court expressed astonishment at the slipshod investigation and directed the Inspector General of Police, Jammu...