POCSO Archives | SCC Times

[POCSO] Not expected for 7-year-old child to recapitulate the harrowing incidents with mathematical precision; Delhi High Court upholds conviction based on child testimony

Delhi High Court observed that it cannot lose sight of the fact that alleged offence was committed with a child victim of tender age who got frightened by the threats extended to him by the accused as well as by the alleged act of the accused and it is not expected that a child of such a tender age would behave like an adult by raising the alarm promptly.

Know thy Judge

Justice M.R. Shah Retires: A Look at his Dynamic Tenure and Decisions

After an active tenure of 4.5 years at the Supreme Court, which includes authoring of nearly 700+ decisions, Justice Mukeshkumar Rasikbhai Shah retires today.

Case Briefs High Courts

No presumption of rape can be made out between minor wife and husband if physical relationship is specifically denied: Allahabad High Court

Mazid Bayan is also a part of investigation, and it can be relied on by Investigating Officer while filing a final report/ charge sheet and only caveat is that it may not be a tutored statement or recorded only for the purpose of predetermined object to continue investigation in a particular way and it may not be on whimsical approach of Investigating Officer.

Case Briefs High Courts

‘Adolescent love must be scrutinized in the backdrop of real-life situations’; Delhi High Court grants bail to a man charged under POCSO Act

The attitude towards early love relationships, especially adolescent love, had to be scrutinized in the backdrop of their real-life situations to understand their actions in each situation because the teenagers who try to imitate romantic culture of films and novels, remain unaware about the laws and the age of consent.

Case Briefs High Courts

Delhi High Court| Mandatory Reporting under POCSO Act shall override the restrictions imposed under S. 198(1) & (3) CrPC

Delhi High Court observed that there is no distinct category within child victims of rape as those who are married and those who are not.

Case Briefs High Courts

[POCSO] Absence of wisdom tooth does not conclusively prove age below 18 years; Bombay High Court acquits accused

Eruption of wisdom tooth may at the most suggest that the age of the person is 17 years or above, but non-eruption or absence of wisdom tooth does not conclusively prove that the person is below 18 years of age.

High Court Round Up Legal RoundUp

HIGH COURT APRIL 2023 ROUNDUP| 100+ Stories on Aarey Car Shed Project; Kanpur Bar Association Strike; Bhushan Steel scam; Rahul Gandhi’s Defamation Case; and more

A quick legal roundup to cover important stories from all High Courts in April 2023

Case Briefs High Courts

‘Victim’s date of birth recorded in school records not free from doubt’; Allahabad High Court acquits POCSO Convict on benefit of doubt

Allahabad High Court said that the admission form has not been filled in by the parents of the victim, but by a stranger, whose credentials are unknown. Thus, the significance of victim’s medical age determination will be considered, as per which, she was a major on the date of the incident.

Case Briefs High Courts

POCSO Act not enacted to punish minors in romantic, consensual relationships: Bombay High Court

Bombay High Court allowed the instant application for bail while expressing concern that further detention of the applicant will bring him in the association of hardened criminals, which will be detrimental to his interest.

Case Briefs High Courts

In case of prima facie involvement, summon can be issued even in absence of name in police report or FIR: Allahabad HC reiterates

Allahabad High Court said that the Magistrate is not bound in such a situation to follow the procedure laid down in Sections 200 and 202 of CrPC for taking cognizance of a case under Section 190(1)(a), though, it is open to him to act under Section 200 or Section 202 also.

Case Briefs Supreme Court

Minor Rape Case | Supreme Court extends anticipatory bail granted to POCSO accused

The Patna High Court had rejected the petitioner’s anticipatory bail in this matter, while the Supreme Court granted protection to the petitioner against arrest on 16-12-2022.

Case Briefs Supreme Court

Asharam Bapu Case| Supreme Court sets aside Rajasthan High Court Judgment directing summoning and recording of evidence of IPS Ajay Pal Lamba

The Supreme Court said that the power to take additional evidence in an appeal is to be exercised to prevent injustice and failure of justice, and thus, it must be exercised for good and valid reasons necessitating the acceptance of the prayer.

Case Briefs High Courts

Criminal proceedings under S. 376 IPC and POCSO cannot be quashed based on compromise entered between accused and victim, Allahabad High Court reiterates

Allahabad High Court said that the power of quashing criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of the rare cases.

Case Briefs High Courts

‘Ugly haste has been shown by the Trial Court’; Patna High Court orders fresh trial in POCSO case which concluded in one working day

The Patna High Court held that the trial in the POCSO case was vitiated as it was commenced, conducted, and concluded in just one working day, in violation of principles of natural justice and in disregard to the provisions of CrPC. Thus, the matter was remanded to the Trial Court for fresh trial.

Case Briefs High Courts

[POCSO Act] Minor girl misrepresented her age and showed herself to be a major; Delhi High Court suspends sentence of a man accused of raping a minor girl

The Delhi High Court suspended the sentence of a man who was convicted for raping the minor girl after noting that the girl herself had misrepresented her age and showed herself to be a major.

Case Briefs High Courts

Offences under POCSO are not compoundable; Allahabad HC declines quashing the proceedings based on compromise between parties

Allahabad High Court said that the purpose is not to persecute the accused, nor is it to let him off because his relations with the complainant has taken a happier turn, as an offence of rape or one under POCSO is an offence against the society.

Case Briefs Supreme Court

Juvenile Justice| Supreme Court directs release of death row convict in minor’s kidnap, rape, and murder case; holds incarceration for more than 3 years illegal

In the case at hand, the juvenile had already undergone incarceration of more than 5 years which was against Section 18 of the J.J. Act, 2015. The Supreme Court noted that the intention of the legislature was to give benefit to a person who is declared to be a child on the date of the offence only with respect to its sentence part.

Case Briefs High Courts

Bombay High Court grants anticipatory bail to auto driver in a POCSO matter

Referring to the auto driver expressing his liking to the minor girl without any sexual intent, Bombay High Court granted anticipatory bail holding that he prima facie deserves protection from arrest.

Case Briefs High Courts

Delhi High Court issues guidelines for medical examination of pregnant rape victims exceeding 24 weeks; allows termination of pregnancy of around 25 weeks of a minor child

The Delhi High Court allowed termination of pregnancy of around 25 weeks of a minor child and further directed the SHO concerned to ensure that after the medical termination and the period of rest, the minor child was admitted to a Government school, so she could continue studying further.

Case Briefs High Courts

Right to avail legal remedy in Supreme Court cannot be denied; Delhi High Court grants parole to rape convict

The Delhi High Court granted four weeks parole to a rape convict and held that right of a citizen to avail a legal remedy in the final court of country cannot be denied.