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HomeCourts

Posts in category: Courts

Child witnesses must be protected

Child witnesses must be protected from tutoring and influence to maintain fairness of a trial: Delhi High Court

22/03/2024
by Child Safety at Work

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 ...

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Child can be an offender of sexual offenses

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

20/03/2024
by Child Safety at Work

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 ...

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Transgender Person Sentenced to Death for Infant's Rape

A Transgender Person Sentenced to Death for Infant’s Rape and Murder in Mumbai

01/03/2024
by Child Safety at Work

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 ...

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Penetrative Sexual Assault under

Mere Touching of Private Parts with Sexual Intent Constitutes Penetrative Sexual Assault under Section 4 of POCSO- Bombay HC

02/02/2024
by Child Safety at Work

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 ...

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Acquittal In POCSO Case

Lack Of Direct and Consistent Witness Testimony Resulted In Acquittal In A POCSO Case – Patna HC

02/02/2024
by Child Safety at Work

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 ...

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Watching Child Pornography is Not an Offence

Merely Watching Child Pornography is Not an Offence under POCSO Act- Madras High Court

25/01/2024
by Child Safety at Work

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 ...

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bail in 13 yrs old rape case

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

19/01/2024
by Child Safety at Work

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 ...

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Minor Rape Victim to Terminate her Pregnancy

Punjab & Haryana HC Allows Minor Rape Victim to Terminate her Pregnancy

19/01/2024
by Child Safety at Work

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 ...

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Consistently contacting a child amounts to sexual assualt

Consistently following and contacting a child either directly or through electronic means will amount to sexual assault – Jharkhand HC

12/01/2024
by Child Safety at Work

Introduction: X v. The State of Jharkhand & Anr (Cr. Revision No.663 of 2022) is a criminal revision pertaining to Petitioner (X) challenging the ...

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HC Urges UIDAI Official for Aadhar Verification

Summoning UIDAI Official to Verify Aadhar Card is a Fair Trial Imperative says Punjab & Haryana HC in a POCSO case.

05/01/2024
by Child Safety at Work

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 ...

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Delhi HC Victim Statements Inconsistencies

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

14/12/2023
by Child Safety at Work

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 ...

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Ossification Test Criteria

Bombay HC Affirms Ossification Test Criteria for Age Determination in POCSO Cases

14/12/2023
by Child Safety at Work

Introduction: The case revolves around an appeal challenging the conviction of the accused under the POCSO Act. The Bombay HC delves into the signifi ...

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Children's Plight in Haryana

The Punjab and Haryana High Court calls for accountability regarding toilet facilities, sexual harassment, and the plight of children in Haryana’s schools.

30/11/2023
by Child Safety at Work

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 ...

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Failure to Report Child Sexual Abuse Bailable

Failure to Report the offence under Section 21 of POCSO  is Bailable- Himachal Pradesh HC

23/11/2023
by Child Safety at Work

Introduction: Sushil Kumar v. State of Himachal (Cr. MPM No. 2705 of 2023) involves a petition seeking anticipatory bail. The Himachal Pradesh HC has ...

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ascertaining the age of victim

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

08/11/2023
by Child Safety at Work

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 ...

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support persons pocso act

Availability of ‘support persons’ is a mandatory obligation of the State under the POCSO Act and Rules- SC

02/11/2023
by Child Safety at Work

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 ...

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Consequences under POCSO Act

Teens Engage in Sexual Activities Unmindful of the Consequences under POCSO Act

10/06/2022
by Child Safety at Work

Observation given by the court(Consequences under POCSO Act): While showing concerns on alarming rise in the number of sexual offences against th ...

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Allahabad High Court grants bail to POCSO accused

Allahabad High Court grants bail to POCSO accused on condition to take care of victim/wife for the sake of New Born Child

02/06/2022
by Child Safety at Work

A bail application was filed in a case under offences of Indian Penal Code (IPC), 1860 and Protection of Children from Sexual Offences (POCSO) Act, 2 ...

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Appreciating hands cannot amount to Sexual intent, POCSO case quashed

Appreciating hands cannot amount to Sexual intent, POCSO case quashed: Meghalaya HC

29/05/2022
by Child Safety at Work

This application was brought by the accused in the Hon’ble Meghalaya High Court under Section 482 Cr.P.C, with a prayer to set aside and quash the cr ...

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Gujarat High Court grants bail to 16-year old accused

Gujarat High Court grants bail to 16-year-old accused of committing unnatural sex with 13-year-old

28/05/2022
by Child Safety at Work

A Criminal Revision Application was filed under Sec-102 of Juvenile Justice Act, 2015 for setting aside and quashing the orders passed by Sessions Co ...

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Jammu & Kashmir HC denies bail to aged woman

Jammu & Kashmir HC denies bail to aged woman booked for abetting minor’s rape

22/05/2022
by Child Safety at Work

An application was filed under Sec-439 CR.P.C. for seeking bail in a case arising out of FIR for offences punishable under Indian Penal Code (IPC), 1 ...

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Child sexual abuse is the social exploitation and victimization of a child by an adult, adolescent, or another child. Compared to adults, children find it much more difficult to disclose abuse due to several reasons. An offender can be a child’s known or total stranger. Statistics from the Report of the National Crime Records Bureau (NCRB) suggest that in 80-90% of the cases, the offender is ‘known’ to the victim. ...
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