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Background of the case The Petitioner (Accused) filed an application under Section 482 CrPC to quash the proceedings pending against him under the ...
Provisions of POCSO Act have an overriding effect on the provisions of any such law to the extent of inconsistency: Punjab & Haryana High Court
The Punjab & Haryana High court while hearing anticipatory plea of a Muslim man, booked under Sections 363 and 366-A of the IPC for allegedly kid ...
Kerala HC denied bail application to an Accused who offered money and lured a 13-year-old boy to engage in indecent act
Facts: Recently, on 5th January 2024, the Kerala High Court considered an application for regular bail filed by the accused under Section 439 of t ...
Guidelines To Determine Age Of Victim In POCSO Cases Issued By Allahabad HC
Facts: On 17th April 2024 the Allahabad High Court released extensive directions regarding the inconsistent methods used to determine the victim' ...
Child witnesses must be protected from tutoring and influence to maintain fairness of a trial: Delhi High Court
Introduction A stepfather was found guilty in 2015 of sexually abusing and raping his young daughter in 2014, but the Delhi High Court cleared him ...
A child can be an offender of sexual offenses as defined in the POCSO Act but will not be tried in ordinary court: Kerala High Court
Introduction In X v. The state of Kerala, The Kerala High Court held that anyone can be charged under the Protection of Children from Sexual Offen ...
A Transgender Person Sentenced to Death for Infant’s Rape and Murder in Mumbai
Overview: On February 27, 2024, a Mumbai court sentenced a transgender individual to death for the rape and murder of a three-month-old girl. The ...
Mere Touching of Private Parts with Sexual Intent Constitutes Penetrative Sexual Assault under Section 4 of POCSO- Bombay HC
Introduction: The Bombay High Court, in X vs State of Maharashtra (Criminal Bail Application No.1207 of 2022), denied bail to a man accused of sex ...
Lack Of Direct and Consistent Witness Testimony Resulted In Acquittal In A POCSO Case – Patna HC
Introduction: The Patna High Court in X vs State of Bihar (Criminal Appeal No.- (DB) 229 of 2023) has overturned a judgment of conviction and orde ...
Merely Watching Child Pornography is Not an Offence under POCSO Act- Madras High Court
Introduction: S. Harish vs. Inspector of Police and Anr. (CRL.O.P. No. 37 of 2024 and Crl.M.P. No. 79 of 2024) was decided on 11th January 2024. The ...
In a rape case of a 13-year-old, Bombay HC grants bail to the accused asserting that accused’s relationship as attraction, not assault driven by lust
Introduction: X v. State of Maharashtra (Criminal Application (BA) No. 718 of 2023) involves an application for bail under Section 439 of the Code of ...
Punjab & Haryana HC Allows Minor Rape Victim to Terminate her Pregnancy
Introduction: The X v. State of Punjab & Ors. (CWP-29383-2023) is a petition that involves a writ petition filed in the Punjab and Haryana High C ...
Consistently following and contacting a child either directly or through electronic means will amount to sexual assault – Jharkhand HC
Introduction: X v. The State of Jharkhand & Anr (Cr. Revision No.663 of 2022) is a criminal revision pertaining to Petitioner (X) challenging the ...
Summoning UIDAI Official to Verify Aadhar Card is a Fair Trial Imperative says Punjab & Haryana HC in a POCSO case.
Introduction: In X vs State of Haryana and others (CRM M-17864 of 2021) Petitioner sought directions under Section 482 Cr.P.C. to summon a UIDAI (Uni ...
Minor inconsistencies in the victim’s statements are deemed natural, not fatal to the case especially when victim supported the prosecution’s case on all major aspects.- Delhi HC
Introduction: In X v. Government of NCT of Delhi & Anr., CRL.A. 332/2023, the appellant filed an appeal to dismiss the conviction where he ...
Bombay HC Affirms Ossification Test Criteria for Age Determination in POCSO Cases
Introduction: The case revolves around an appeal challenging the conviction of the accused under the POCSO Act. The Bombay HC delves into the signifi ...
The Punjab and Haryana High Court calls for accountability regarding toilet facilities, sexual harassment, and the plight of children in Haryana’s schools.
Introduction: The judgment pertains Amarjeet and Others v/s State of Haryana and Others (CWP-23384-2017 (O&M)) The court takes note of significan ...
Failure to Report the offence under Section 21 of POCSO is Bailable- Himachal Pradesh HC
Introduction: Sushil Kumar v. State of Himachal (Cr. MPM No. 2705 of 2023) involves a petition seeking anticipatory bail. The Himachal Pradesh HC has ...
Patna High Court overturned conviction in POCSO case noting failure of Trial Court to ascertain the age of the victim despite being challenged during trial
Case title- Kumod Mandal v. State of Bihar, 2023 SCC OnLine Pat 2812 Facts: A division bench of the High Court of Judicature at Patna was decid ...
Availability of ‘support persons’ is a mandatory obligation of the State under the POCSO Act and Rules- SC
Background of the case: In We the Women of India v. Union of India & Ors. (Writ Petition(s)(Civil) No(s).1156/2021),the Supreme Court directed ...
Teens Engage in Sexual Activities Unmindful of the Consequences under POCSO Act
Observation given by the court(Consequences under POCSO Act): While showing concerns on alarming rise in the number of sexual offences against th ...