MINOR ACTS
'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...
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...
“No Effort Was Made By Trial Judge To Analyse Evidence”: Calcutta High Court Acquits College Professor In POCSO Case
The Calcutta High Court has acquitted a Serampore College professor who had been convicted under the Protection of Children from Sexual Offences Act, holding that the prosecution failed to establish the “foundational facts” necessary to invoke the statutory presumption under Section 29 of the POCSO Act.A Division Bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray observed that...
Probation Of Offenders Act Inapplicable In Serious POCSO Offences Punishable With Life Imprisonment: Delhi High Court
The Delhi High Court has held that the benefit of probation cannot be granted in serious offences under the Protection of Children from Sexual Offences (POCSO) Act which are punishable with imprisonment for life.A division bench of Justices Navin Chawla and Ravinder Dudeja passed the ruling while hearing arguments on sentencing after convicting a man for offences under Sections 363, 366 and...
Bombay High Court Grants Parole To POCSO Convict To Construct New House After Old One Demolished For Navi Mumbai Airport Project
The Bombay High Court recently granted 25 days parole to a man convicted under the stringent Protection Of Children from Sexual Offences (POCSO) Act, for constructing a new house, after his previous home was demolished by the Maharashtra Government following acquisition of the land parcel (on which his house stood) for the Navi Mumbai International Airport. Sitting at the Nagpur seat, a...
J&K&L High Court Grants Anticipatory Bail To Army Personnel In POCSO Case After Complainant Marries Him, Drops Allegations
The Jammu and Kashmir and Ladakh High Court has granted anticipatory bail to an Army personnel accused in a case involving allegations under the Protection of Children from Sexual Offences Act, 2012 and the Bharatiya Nyaya Sanhita, after the prosecutrix stated that she was in a consensual relationship with him, had married him after attaining majority, and did not wish to pursue the...
'De Facto Approval' For Sexual Relationship In Young Adults Can't Be Ignored Under POCSO Act: Delhi High Court
The Delhi High Court has observed that though consent is legally irrelevant under the POCSO Act, relationships among young adults involving “de facto approval” for a sexual relationship must be viewed differently while considering bail pleas.Justice Prateek Jalan made the observation while granting anticipatory bail to a 19-year-old student accused in connection with a case concerning...