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Child Safety at Work

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Child Safety at Work

Powered by - Equilibrio Advisory LLP - Assisting in Building Equitable & Safe Spaces

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HomeCourts

Posts in category: Courts

Aggravated sexual assault under POCSO act

Allahabad high court: Oral sex with 10-yr-old boy not ‘Aggravated sexual assault’ under POCSO act

29/11/2021
by Child Safety at Work

In the matter of Sonu Kushwaha Vs. State of U.P.; the Allahabad High Court on 18.11.2021 observed that putting the penis into the mouth of a 10-year- ...

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Supreme Court quashes skin to skin judgment

Supreme Court quashes ‘skin-to-skin’ judgment of Bombay High Court

29/11/2021
by Child Safety at Work

The Supreme Court quashed the controversial judgment of the Bombay HC in a case under the POCSO Act, stating that the most important ingredient const ...

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Proposing Victim To Marry Not Sexual Assault

Calcutta HC: Dragging Scarf, Pulling Hand & Proposing Victim To Marry Not Sexual Assault/Harassment Under POCSO Act

25/11/2021
by Child Safety at Work

In the matter Nurai Sk. @ Nurul Sk. Vs. State of West Bengal, the Calcutta High Court on 15.11.2021 observed that the act of dragging 'orna' (women s ...

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UP Court awards death penalty to a father guilty of raping his own daughter

UP Court awards death penalty to a father guilty of raping his own daughter repeatedly for 2 years

24/11/2021
by Child Safety at Work

Bahraich District Court of Uttar Pradesh, while delivering the verdict in a case where a 14-year-old girl had been repeatedly raped by her own father ...

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death sentence awarded to man accused of rape & murder

Supreme Court commutes death sentence awarded to man accused of rape & murder of 5 y/o girl

09/11/2021
by Child Safety at Work

A 3- Judge Bench comprising of Justices L Nageswara Rao, Sanjiv Khanna and B R Gavai in an appeal of Irappa Siddappa (“accused”) who was convicted an ...

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false pocso case

FALSE POCSO | The Special Court orders the Minor Girl to return Compensation after the Two Men spent 2 years in Jail

09/10/2021
by Child Safety at Work

In the matter of The State of Maharashtra vs VVG & PGN, the Special Court on Protection of Children from Sexual Offences Act , 2012  on 8th ...

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Court in a POCSO case acquits due to lack of credible evidence

Uttarakhand HC: Fouler the crime, Higher the proof. Court in a POCSO case acquits due to lack of credible evidence.

28/09/2021
by Child Safety at Work

In the matter of Akash Kumar Vs. State of Uttarakhand; the Uttarakhand High Court on 28.09.2020 observed that ““In criminal cases, conviction cannot ...

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Touching The Cheeks Without A Sexual Intent

Touching The Cheeks Without A Sexual Intent Would Not Attract The Offence Of ‘Sexual Assault’: Bombay High Court

06/09/2021
by Child Safety at Work

In the matter Mohammad Ahmed Ulla v. The State of Maharashtra, the Bombay High Court on 27th August 2021 observed that “touching the cheeks without a ...

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Abetment by instigation depends on intention

Bombay HC: Abetment by instigation depends on intention of the accused, not on victim’s actions

02/09/2021
by Child Safety at Work

In the matter of Gaurav v. State of Maharashtra; the Bombay High Court on 1.09.2021 observed that we, as a society, have failed to create an environm ...

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Marriage between victim and accused not grounds for quashing POCSO case

Kerala HC: Marriage between victim and accused not grounds for quashing POCSO case when magnitude of rape is grave

27/08/2021
by Child Safety at Work

In the case of R Vs. State of Kerala, the Kerala High Court on 28.08.2021, held that “When the magnitude of the crime is so grave and heino ...

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Paramount Consideration to Child

Paramount Consideration Is To Be Given To The Well-Being Of The Child Whose Mental Psyche Is Vulnerable And In A Developing Stage: Delhi High Court

23/08/2021
by Child Safety at Work

In the matter of Prafulla Kumar Sahu v. State of NCT of Delhi, the Delhi High Court on 18th August 2021, rejected the bail application of the Petitio ...

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Complaint box to make victims complain about Sexual Assault freely

Madras HC: Schools to keep a Complaint box to make victims complain about Sexual Assault freely

12/07/2021
by Child Safety at Work

Justice P. Velmurugan directs Schools to keep a complaint box to make the victims complain about the sexual assault freely and keys of the same to be ...

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Implementation of POCSO Act

Karnataka High Court Issues Directions For Effective Implementation Of POCSO Act

29/05/2021
by Child Safety at Work

A Division Bench comprising Justice B.V. Nagarathna and Justice M.G. Uma delivered the verdict in Hanumantha Mogaveera Vs. State of Karnataka while a ...

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no means no high court

HIMACHAL PRADESH HC : “No Means No, The Word ‘No’ Does Not Need Any Further Explanation”

07/05/2021
by Child Safety at Work

The High Court of Himachal Pradesh in Suresh Kumar Vs State of H.P. denied bail to man accused of raping a 17- year old minor girl and remarked that ...

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HP Court Denies Bail

HP High Court: “He Appears To Be Pervert, Would Make Life of Young Friends Of Opposite Gender Miserable”

07/05/2021
by Child Safety at Work

The High Court of Himachal Pradesh in Rohit Kumar Vs State of H.P. denies bail to a 22-year-old man accused of raping a 17-year-old girl and remarked ...

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quashing of POCSO case after marriage

Kerala HC allowed quashing of POCSO case after marriage between the parties

25/04/2021
by Child Safety at Work

Recently, in two cases with similar facts,  (Name redacted) v. State of Kerala and XXX v. XXX and Others , the Kerala High Court quashed the cr ...

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Consent of minor immaterial

Bombay HC: Consent of minor immaterial

12/04/2021
by Child Safety at Work

In the case of ABC v. State of Maharashtra , where the appellant argued that there was a consensual relationship between the minor victim-girl and th ...

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child victim

Bombay High Court on Right of Child Victim to Participate in Judicial Process

10/04/2021
by Child Safety at Work

The Bombay High Court in “Arjun Kishanrao Malge vs State of Maharashtra” on 8th April 2021 issued guidelines for the effective implementation of the ...

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FIRs in POCSO cases

Delhi HC: FIRs in POCSO cases cannot be quashed even if victim decides to compromise on majority

25/03/2021
by Child Safety at Work

The Delhi High Court in yet another judgment, Dinesh Sharma and Ors. vs. State on 24th March 2021 (earlier in Sunil Raikwar vs. State in January 2021 ...

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Love Affair Irrelevant Ground for Bail When Victim Is A Minor

Supreme Court: Love Affair Irrelevant Ground for Bail When Victim Is A Minor

22/02/2021
by Child Safety at Work

In the case of X (Minor) v. The State of Jharkhand & Anr; the Hon’ble Supreme Court held that on the day of the incident the victim was barely th ...

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Posterior is a private part

Mumbai court on posterior i.e. buttocks being private body part

17/02/2021
by Child Safety at Work

Mumbai court on posterior i.e. buttocks being private body part With rising sexual assault cases, everyday the courts in India have to face differ ...

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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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