POCSO Archives | Page 6 of 8

Trafficked then thrown into prostitution; HC addresses plight of minor girl, directs District Judges to sensitize judicial officers about provisions of POCSO and JJ Act

Patna High Court: While addressing the plight of a minor girl who was first trafficked by her own maternal uncle and was

Case Briefs High Courts

[Kottiyoor Rape Case] Ker HC upholds conviction of former priest; reduces 20 years rigorous imprisonment to 10 years

Kerala High Court: In an infamous case of sexual assault whereby the priest of the St. Sebastian Church had impregnated a minor

Legal RoundUp Supreme Court Roundups

Supreme Court Monthly Roundup – November 2021

“It is no part of any judge’s duty to strain the plain words of a statute, beyond recognition and to the point

High Court Round Up Legal RoundUp

High Courts Monthly RoundUp — November 2021

Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of November.

Case Briefs High Courts

Ker HC | Being in love isn’t synonymous to consent for sexual intercourse; HC upholds conviction for rape

Kerala High Court: R. Narayana Pisharadi, J., held that passive submission made by the victim under unavoidable circumstances as she had no

Case Briefs High Courts

MP HC | Does physical relationship with a minor wife come within the category of rape?

Madhya Pradesh High Court: G.S. Ahluwalia J., rejected a bail application under Section 439 of CrPC. The appellant was arrested on 31-01-2021

Case Briefs High Courts

Sikk HC | Prosecution not able to establish beyond a reasonable doubt that the Appellant was the perpetrator of rape of the minor; acquits accused

Sikkim High Court: The Division Bench of Meenakshi Madan Rai and Bhaskar Raj Pradhan, JJ., allowed an appeal which was filed in

Case Briefs Supreme Court

POCSO| “Touch”, “physical contact” can’t be restricted to “skin to skin contact”; “sexual intent” is the key. SC reverses Bombay HC’s “dangerous precedent”

“The reasoning in the High Court’s judgment quite insensitively trivializes – indeed legitimizes – an entire range of unacceptable behaviour which undermines a child’s dignity and autonomy, through unwanted intrusions.”

Case Briefs High Courts

Ker HC | “Child molestation is a shame on society; but if the allegations are false, it is lethal to the life of the accused”; HC acquits father accused of raping his minor daughter

Kerala High Court: The Division Bench of K.Vinod Chandran and C. Jayachandran, JJ., acquitted the father accused of raping his own minor

Case Briefs High Courts

Cal HC | Court explains ”Intelligible testimony” and “reverse burden of proof”; dismisses appeal of accused charged for raping 3 year old girl under S. 6, POCSO Act

Calcutta High Court: The Division Bench of Soumen Sen and Rabindranath Samanta, JJ., dismissed a criminal appeal which was filed against the

Case Briefs High Courts

MP HC | Show cause notice issued against the Trial Court Judge for disclosing name of the rape victim; Court grants bail to the accused

Madhya Pradesh High Court: Deepak Kumar Agarwal, J., allowed a bail application which was filed by the applicant for grant of regular

Case Briefs High Courts

Guj HC | Man’s conviction set aside in charges for raping minor wife; Non-interference by Court would reduce the lady and two children without shelter

Gujarat High Court: Paresh Upadhyay, J., allowed an appeal which was filed against the judgment and order passed by the Special Judge

Case Briefs High Courts

Ker HC | Can the fact that minor rape victim attained majority and married the rapist lead to quashment of criminal proceedings? HC answers

Kerala High Court: Shircy V., J., held that argument that now the victim of rape had attained majority and was living happily

Case Briefs High Courts

Priest of Temple commits penetrative sexual assault on young girl: Ker HC observes which God would accept obeisance and offerings of such Priest or make him a medium?

Kerala High Court: Expressing, “When a man abandons his wife and children, roving vultures wait to prey on not only the abandoned

Case Briefs High Courts

Del HC | Can testimony of child victim be trustworthy? HC reiterates law on finding child witness competent

Delhi High Court: Emphasising the reliability on the child victim’s testimony, Manoj Kumar Ohri, J., dismissed the appeal filed and the conviction

Case Briefs High Courts

Ori HC | “India will be free when the women feel safe to walk in the streets of India in the midnight”; Conviction upheld under S. 341 IPC and S. 4 of POCSO Act

Orissa High Court: S. K. Sahoo, J., dismissed the petition being devoid of merits and upheld the conviction passed in the impugned

Case Briefs High Courts

Bom HC | If a minor is made to succumb to penetrative sexual assault by various customers and is induced into prostitution, will person responsible for the same be punishable under POCSO Act? HC explains

Bombay High Court: Mangesh S. Patil, J., while upholding the decision of Special Judge elaborated on the Sections of POCSO Act in

Case Briefs High Courts

P&H HC | “Nightmarish and traumatic”; HC denies bail in a case of sodomy committed to an 8-year-old child

Punjab and Haryana High Court: H.S. Madaan, J., rejected the bail application of the applicant accused of committing an act of sodomy

Case Briefs High Courts

J&K HC | Is taking off trousers of victim as well as taking off one’s own trousers an attempt to rape? HC clarifies distinction between indecent assault and attempt to rape

Jammu and Kashmir High Court: Sanjeev Kumar, J., granted bail to the applicant in arrested in a rape case. While clarifying the

Case Briefs

P&H HC | “A juvenile cannot be arrested”; HC holds application for anticipatory bail by a juvenile is not maintainable in law

Punjab and Haryana High Court: Rajesh Bhardwaj, J., held that plea for anticipatory bail by a juvenile is not maintainable in law