A. Bharatiya Nyaya Sanhita, 2023—Sections 65, 74, 115, 351 and 352 and Protection of Children from Sexual Offences Act, 2012—Sections 3 and 4—Rape and Sexual Abuse Allegations—Quashing of Proceedings—Held: Allegations against the father and uncle of the prosecutrix alleging rape and sexual assault were vague, omnibus and unsupported by specific factual particulars, dates, circumstances or corroborative material. In the backdrop of prolonged matrimonial discord and multiple litigations between the parties, the complaint appeared to be a counterblast to ongoing disputes. Mere bald allegations, without prima facie material satisfying the ingredients of the offences, cannot justify continuation of criminal prosecution. Proceedings quashed. (Paras 7.1 to 7.7, 8.2). B. Bharatiya Nyaya Sanhita, 2023—Section...
A. Code of Criminal Procedure, 1973—Section 389—Suspension of sentence pending appeal—Conviction under Sections 376(2)(n), 376(2)(i) IPC and Section 6 read with Section 5(l) of POCSO Act—Held: Where accused was sentenced to fixed term imprisonment of 10 years, had already undergone 4 years and 11 months of custody and appeal filed in year 2022 was not likely to be heard in near future, suspension of sentence and grant of bail pending appeal was justified. (Paras 3–6) B. Indian Penal Code, 1860—Sections 376(2)(n) and 376(2)(i)—Protection of Children from Sexual Offences Act, 2012—Section 6 read with Section 5(l)—Suspension of sentence—Held: In cases involving fixed term sentences, prolonged incarceration during pendency of appeal and delay in disposal of criminal appeal are rel...
Protection of Children from Sexual Offences Act, 2012—Section 9(k) & (l)—Sentencing—Reduction of sentence—Indian Penal Code, 1860—Sections 342, 506—Held: While upholding conviction under POCSO Act and IPC, Supreme Court found sentence of seven years rigorous imprisonment excessive—Considering facts and circumstances, sentence reduced to statutory minimum of five years rigorous imprisonment—Conviction maintained, only quantum of sentence modified. (Paras 5–7) ...
A. Protection of Children from Sexual Offences Act, 2012—Sections 8, 10 and 29—Appeal against acquittal—Presumption—Trial court acquitted accused—High Court reversed and convicted under Section 8 invoking presumption under Section 29—Held, presumption arises only upon proof of foundational facts—Failure of prosecution to establish such facts renders invocation of presumption impermissible—Conviction unsustainable. [Para 12] B. Criminal Law—Delay in FIR and medical evidence—Effect—Delay in lodging FIR despite immediate disclosure and father being in police force—Refusal of medical examination without cogent explanation—Held, both circumstances assume significance and warrant adverse inference—Prosecution case weakened. [Para 14] ...
Indian Penal Code, 1860—Sections 376(2)(n), 323, 406, 506—Protection of Children from Sexual Offences Act, 2012—Section 8; Bail—Prolonged incarceration—Delay in trial— Where accused has remained in custody for a prolonged period (about four years) and trial is progressing slowly with only part of prosecution witnesses examined, further detention is not justified—Likelihood of delay in conclusion of trial is a relevant consideration—Without expressing opinion on merits, accused entitled to grant of bail subject to conditions ensuring attendance and compliance with trial proceedings. [Para 2] ...
Indian Penal Code, 1860—Sections 363, 366, 344, 376(2)(n)—Protection of Children from Sexual Offences Act, 2012—Sections 5(l), 6—Code of Criminal Procedure, 1973—Section 389—Suspension of sentence—Pending appeal—In appeal against conviction, Court may suspend substantive sentence where arguable issues arise from evidence on record, including testimony of prosecutrix and statement under Section 164 CrPC—Without commenting on merits, and considering pendency of appeal before High Court, sentence can be suspended and accused released on bail subject to conditions—Order passed to balance rights of accused and administration of justice. [Paras 9, 10, 12] ...
A. Protection of Children from Sexual Offences Act, 2012—Sections 6, 10—Criminal Investigation—Fair investigation—Scope—Where material on record prima facie discloses aggravated penetrative sexual assault under Section 6 POCSO Act, police cannot dilute offence by misclassifying it under lesser provision—Investigation must be fair, impartial, sensitive and victim-centric—Attempt to discredit minor victim and shield accused is impermissible—Court directed constitution of Special Investigation Team (SIT) and disassociated erring police officials from investigation. [Paras 3, 6, 9, 10, 11] B. Protection of Children from Sexual Offences Act, 2012—Constitutional Law—Rights of child victim—Dignity and privacy—Institutional accountability—In cases involving mino...
A. Protection of Children from Sexual Offences Act, 2012—Sections 6, 10—Investigation—Misclassification of offence—Where material on record discloses prima facie offence under Section 6 POCSO Act, dilution of offence to lesser provision under Section 10 held unjustified—Investigating agency cannot downplay gravity of offence for extraneous reasons—Court emphasized correct legal classification based on evidence—Prima facie case under aggravated penetrative sexual assault made out. [Paras 3, 4] B. Criminal Law—Investigation—Fairness—Bias—Constitution of Special Investigation Team (SIT)—Investigation found to be biased, inconsistent and aimed at discrediting victim—Shifting stand of police raises serious doubts about credibility—To ensure fair, impart...
A. Protection of Children from Sexual Offences Act, 2012—Sections 3, 4—Code of Criminal Procedure, 1973—Section 389—Suspension of sentence—Pending appeal—Suspension of sentence can be granted where arguable issues arise in appeal and material evidence has not been properly considered by Trial Court—Failure to consider prosecutrix’s statement under Section 164 CrPC raising involvement of another person constitutes a significant factor—Appellate Court justified in suspending sentence and granting bail pending appeal. [Paras 5, 8, 9] B. Code of Criminal Procedure, 1973—Section 164—Appreciation of evidence—Statement of prosecutrix under Section 164 CrPC is a material piece of evidence and must be duly considered—Non-consideration of such statement affecting ...
A. Indian Penal Code, 1860—Section 376AB—Protection of Children from Sexual Offences Act, 2012—Sections 5, 6—Conviction—Where prosecution proved that minor victim was lured and subjected to aggravated penetrative sexual assault, supported by medical and ocular evidence—Conviction under Section 376AB IPC and Sections 5/6 POCSO Act upheld—No infirmity in concurrent findings of courts below. [Paras 2–4, 9, 13–14] B. Indian Penal Code, 1860—Section 376AB—Code of Criminal Procedure, 1973—Sections 432, 433-A—Sentence—Death penalty commuted—Fixed-term life imprisonment—Constitutional Courts have power to impose fixed-term life imprisonment while commuting death sentence—Such sentence may exclude remission for specified period—Howev...
A. Penal Code, 1860—Section 376(3)—Protection of Children from Sexual Offences Act, 2012—Sections 5 and 6—Bail—Grant of— Accused sought bail in a case alleging rape of a minor and aggravated penetrative sexual assault—Supreme Court, considering the totality of circumstances including that the accused had been in custody since 30-06-2024 and that material witnesses had already been examined, held that a case for grant of bail was made out—Impugned order of High Court rejecting bail set aside and bail granted subject to conditions. (Paras 6-7, 10) B. Penal Code, 1860—Section 376(3)—Protection of Children from Sexual Offences Act, 2012—Sections 5 and 6—Bail—Conditions and expeditious trial— While granting bail, Court directed the accused to cooperate fully...
A. Protection of Children from Sexual Offences Act, 2012—Sections 4, 8 and 12—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Grant of— Appellant sought anticipatory bail in connection with FIR alleging offences under Section 64 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 8 and 12 of the POCSO Act—Supreme Court, considering overall circumstances and interim protection already granted, held that the appellant was entitled to relief under Section 482 BNSS—Orders of High Court rejecting anticipatory bail set aside and anticipatory bail granted. B. Protection of Children from Sexual Offences Act, 2012—Sections 4, 8 and 12—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Conditions— While granting anticip...
Bharatiya Nyaya Sanhita, 2023—Sections 3(5), 64, 87, 115(2), 137(2), 296, 351(2)—Protection of Children from Sexual Offences Act, 2012—Section 6—Regular Bail—Prolonged incarceration—Trial not commenced—Bail granted—Appeal against rejection of regular bail by High Court—Appellant (husband of victim) in custody since 16.10.2024—Trial yet to commence before Special Court—Contention of possibility of rapprochement between parties—State opposed bail citing seriousness of allegations and apprehension of influencing witnesses—Held, considering length of incarceration (about one year and four months) and delay in commencement of trial, case for grant of bail made out—Impugned order set aside—Appellant directed to be released on bail subject to conditions to ...
Indian Penal Code, 1860—Sections 376(3), 376(2)(n)—Protection of Children from Sexual Offences Act, 2012—Sections 5(l), 5(j)(ii) read with Section 6—Conviction under Section 6 of POCSO Act—Sentence of 20 years’ rigorous imprisonment—Appeal dismissed by High Court—Plea for bail pending appeal before Supreme Court—Having regard to oral testimony of victim and attending circumstances, Supreme Court exercised discretion to grant bail—Appellant directed to be released on bail on such terms and conditions as Trial Court may deem fit—Original records directed to be called for. [Paras 6 to 9] Result : Bail granted ...
Protection of Children from Sexual Offences Act, 2012—Sections 5(1) and 6(1)—Criminal Appeal—Confidentiality of Victim’s Identity—High Court dismissed appeal, affirming Trial Court conviction—Supreme Court takes serious notice of disclosure of victim’s identity in Petition—Counsel directed to furnish corrected Paper Book with victim and family details anonymized—Notice to be issued after compliance, returnable in two weeks—Dasti service and liberty to serve Standing Counsel for State of Tamil Nadu permitted. [Paras 2–6] Result : Paper book to be corrected and filed; notice issued ...
Bharatiya Nyaya Sanhita, 2023 / POCSO Act, 2012—Regular Bail—Consideration of Custody Period and Progress of Trial—Appellant in custody for over six months and majority of witnesses examined—Allegations of sexual offences against minor—Appellant claims relationship was consensual—Court held that prolonged pre-trial detention and substantial progress in trial justified grant of regular bail—Bail granted subject to strict conditions including non-contact with victim, full cooperation in trial, and adherence to court directions—Any breach to entail cancellation of bail. [Paras 7–12] Result : Bail granted ...
A. Protection of Children from Sexual Offences Act, 2012—Section 6—Appeal against conviction—Proof—Conviction for aggravated penetrative sexual assault challenged—Victim’s testimony contained material improvements over earliest versions which only referred to a “bad act”—Medical evidence showed intact hymen and absence of injuries—Held, prosecution case suffers from contradictions, omissions and improbabilities—Benefit of doubt to accused—Conviction set aside.[Paras 19–30] B. Criminal Law—Benefit of doubt—Defective investigation—In sexual offences, prosecution must establish foundational facts beyond reasonable doubt—Suspicion cannot substitute proof—Failure to provide psychological counselling or appoint support person for child...
A. Protection of Children from Sexual Offences Act, 2012—Sections 5(g) & 6—Gang rape of minor—Conviction—Proof and appreciation of evidence—Conviction based primarily on consistent and cogent testimony of prosecutrix—Evidence of prosecutrix fully corroborated by medical evidence—FIR promptly lodged—Statement under Section 164 CrPC duly proved—Defence failed to effectively cross-examine prosecutrix or medical witnesses—Mere suggestions in cross-examination have no evidentiary value—Held, prosecution proved case beyond reasonable doubt—Conviction affirmed. [Paras 21–29] B. Criminal Trial—Credibility of prosecutrix—Evidentiary value—Testimony of victim found natural, trustworthy and unshaken—No material contradictions or improbab...
A. Protection of Children from Sexual Offences Act, 2012—Sections 5(l), 6, 9(g) and 10—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 65(1)—Bail—Cancellation—Grant of bail to the accused in a case involving grave allegations of gang rape, repeated sexual assault, coercion and threats against a minor was held to be legally unsustainable—The High Court erred in granting bail by failing to consider the seriousness of the offences, the statutory rigour of the POCSO Act and the credible material on record, including the victim’s statements and supporting evidence—The Supreme Court cancelled the bail and directed the accused to surrender within two weeks, failing which coercive steps were directed to be taken. [Paras 11–17] B. Protection of Children from Sexual Offences Act, ...
A. Protection of Children from Sexual Offences Act, 2012—Sections 23 and 23(4)—Disclosure of identity of minor victim—Appellant, a journalist, uploaded a news report on YouTube which resulted in indirect disclosure of the identity of a minor victim—High Court declined to quash criminal proceedings—Supreme Court, considering the explanation offered by the appellant and the attendant circumstances, exercised jurisdiction to quash the proceedings—Relief granted subject to the appellant furnishing an unconditional undertaking to strictly comply with the statutory mandate and to avoid any such lapse in future. [Paras 2 to 5] B. Criminal Law—Quashing of proceedings—Conditional relief—Safeguards under POCSO Act—Proceedings for disclosure of identity of a minor victim quashed by Supre...
A. Indian Penal Code, 1860—Sections 147, 148, 149, 302, 506—Code of Criminal Procedure, 1973—Bail—Parity—Appellants challenged grant of bail to co-accused in murder case—Supreme Court held that parity cannot be the sole ground for granting bail; the court must consider the role of the accused, gravity of offence, likelihood of witness influence, and other relevant factors—High Court granted bail to accused Rajveer and Prince solely on parity without assigning reasons—Bail orders set aside and remanded for fresh consideration, with directions to surrender and examine all relevant factors—Observations limited to bail and not merits of case. B. Indian Penal Code, 1860—Sections 302/34, 448, 323—Code of Criminal Procedure, 1973—Section 313—Conviction and Trial Fai...
A. Criminal Procedure Code, 1973—Section 389—Suspension of Sentence—Bail Post-Conviction—Convict sentenced under POCSO Act and IPC for heinous offence—High Court granted suspension of sentence and bail without applying proper parameters—Court failed to consider accused’s antecedents, nature of offence, and evidence—Order of suspension set aside. (Paras 5, 10, 16, 19) B. Protection of Children from Sexual Offences Act, 2012—Sections 3/4(2) and 29—Presumption of Guilt—Conviction Valid Despite Absence of Medical Evidence—Conviction upheld based on victim’s credible testimony and corroborative evidence—Medical evidence inconclusive due to missing FSL report—High Court’s reasoning that absence of medical evidence dilutes conviction is untena...
A. Indian Penal Code, 1860—Section 376(2)—POCSO Act, 2012—Section 4—Conviction for rape—In cases of rape, the credible and consistent statement of the prosecutrix alone can form the basis for conviction—There is no legal requirement for corroboration unless specific circumstances demand it—The absence of physical injuries or a conclusive medical report does not, by itself, undermine the prosecution’s case when the prosecutrix’s version is found to be trustworthy. (Paras 5.5 to 5.5.7, 5.6 to 5.6.3) B. Indian Evidence Act, 1872—Section 114, Illustration (b)—Credibility of prosecutrix—The testimony of the victim in a sexual offence case must not be doubted solely due to lack of supporting evidence—Courts have repeatedly held that if the prosecutrix's st...
A. Protection of Children from Sexual Offences Act, 2012 Section 6—Penal Code Section 506—Conviction and Sentence Affirmed—Father convicted for aggravated penetrative sexual assault on minor daughter—Child victim’s testimony credible, medically corroborated, and requiring no further corroboration—DNA evidence strengthens prosecution case—Statutory presumption of guilt under Section 29 POCSO Act un-rebutted—Plea of false implication rejected. (Paras 2 to 7) B. Protection of Children from Sexual Offences Act, 2012 Section 6—Sentencing—Incestuous sexual violence by a parent attracts severest condemnation and deterrent punishment—Mitigation in sentencing for such crimes inappropriate. (Paras 8, 9, 13) C. Compensation to Victim—Constitutional obligation to ...
(A) Protection of Children from Sexual Offences Act, 2012 Section 6—Sentencing—Applicability of Amended Section 6, POCSO Act—Retrospective Penalty—Held: The appellant was convicted under Section 6 of the POCSO Act for an offence committed on 20.05.2019— An amendment effective from 16.08.2019 imposed a harsher punishment—Imprisonment for life meaning the remainder of natural life—The Court held that this amended provision could not be applied retrospectively to an offence committed prior to the amendment—Such retrospective application would violate Article 20(1) of the Constitution, which prohibits imposing a greater penalty than what was prescribed at the time of the offence—Therefore, the sentence was modified to "rigorous imprisonment for life" in accordance with ...
Bharatiya Nyaya Sanhita, 2023, Sections 118(1), 127(4), 137(2), 351(2), 352, 54, 64 & 96—Protection of Children from Sexual Offences Act, 2012, Sections 12, 10, 17, 4 and 8—Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, Sections 9, 10 and 11—Regular Bail—Sexual Offences—Govt—Servant—No Criminal Antecedents—Custody Not Warranted—Accused No.4, a government servant police constable, charged under various provisions including POCSO Act and Prohibition of Child Marriage Act, was in custody since arrest—The primary allegation of penetrative sexual assault was against another accused, while the petitioner was implicated for forcibly bringing the victim back and threatening her—Considering the petitioner’s clean antecedents, custodial detention was he...
Penal Code, 1860, Section 376 — Protection of Children from Sexual Offences Act, 2012, Sections 3 and 4 — Grant of Bail in POCSO — Held — In the bail application filed by the applicant in FIR No. 213 of 2021, the Court considered the applicant's continued judicial custody and the examination of witnesses — The applicant is accused under Section 376 IPC and Sections 3 and 4 of the POCSO for allegedly attempting sexual assault on a minor victim — While the medical evidence was inconclusive and witness PW6, Malti, did not fully support the prosecution's case, the victim's statement regarding the incident was not entirely undermined — Despite the trial being prolonged with only 8 witnesses examined, the Court noted the applicant's prolonged custody of nea...
Protection of Children from Sexual Offences Act, 2012 , Sections 3, 5(n)—Bail Granted—Alleged Relationship Between Adult Woman and Minor Boy—No Evidence of Coercion or Manipulation—Victim Consensual and Aware—Applicability of Section 3 and 5(n) Not Made Out—Trial Court's Conviction Suspended — Appellant, a 30-year-old woman, was convicted under Section 5(n) of the POCSO Act for alleged sexual assault on a 16–17-year-old boy — The Court observed that Section 3 (penetrative sexual assault) requires proof of coercion or inducement by the accused, and no such material or victim statement supports these elements — The victim appeared mature, admitted consensual relationship, and accepted paternity of the child — The Court found Section 5(n)’s application questiona...
Protection of Child from Sexual Offences Act, 2012—Section 5 and 6—Penal Code, 1860—Section 302, 201 and.376-DB—Constitution of India, 1949—Article 21—Offence of rape and murder—Circumstantial evidence—Capital Punishment—Non-production of D.N.A. report—Where the trial court expeditiously convicted the accused within fifty-six days without ensuring comprehensive examination of material witnesses or proper authentication of scientific evidence, and particularly failed to examine forensic experts regarding DNA reports despite relying thereon for conviction, such precipitous adjudication constitutes a manifest breach of procedural justice—The court's omission to afford adequate opportunity of hearing, especially in capital cases where the accused's fundamental right to ...
Protection of Children from Sexual Offences Act, 2012, Section 6—Penal Code, 1860—Sections 363, 366—Reduction of Sentence—Held: Under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, the minimum prescribed sentence is 20 years imprisonment—The Trial Court imposed life imprisonment for the remainder of the appellant’s natural life—The Supreme Court, taking into account mitigating factors such as the appellant’s age at the time of the offence and the duration of incarceration already undergone, reduced the sentence to 20 years—It was held that such reduction serves the interest of justice, balancing the gravity of the offence with individual circumstances. (Paras 6, 7, 8, 9, 10) Result: Sentence Reduced. ...
(A) Protection of Children from Sexual Offences Act, 2012 Section 6 — Penal Code, 1860 Sections 363, 366, 376(2)(n), 376(3) — Constitution of India, 1950 Article 21 — Sentencing under the POCSO Act — Adolescent Relationships — Held: In cases involving adolescent relationships resulting in conviction under the POCSO Act, the Supreme Court invoked its extraordinary powers under Article 142 to suspend the sentence of the accused — Recognizing the nuanced realities of adolescent relationships and their outcomes—such as marriage and childbirth—the Court held that strict enforcement of minimum sentencing provisions may, in certain exceptional circumstances, undermine the welfare of the victim and her child, especially when the accused and victim are not estranged...
Protection of Children from Sexual Offences Act, 2012, Sections 29, 30, 5(k)(l)/6 and 17 — Penal Code, 1860, Section 376(2)(l)(n) — Government Appeal Dismissed — The State filed an appeal challenging the acquittal of the respondents by the Trial Court in a POCSO case — The respondents were accused of sexually assaulting a 12-year-old mentally challenged minor girl — The appeal primarily relied on the testimony of the victim and her parents, alongside medical and forensic evidence, to support the charges of sexual assault under the IPC and POCSO Act — However, the victim's inconsistent statements and lack of medical corroboration led the Trial Court to acquit the respondents — The appellate court, after thorough examination, upheld the acquittal, observi...
Protection of Children from Sexual Offences Act, 2012, Sections 29 and 30, 17—Penal Code, 1860, Section 376(2)(l)(n), 5(k)(l)/6—Code of Criminal Procedure, 1973, Section 378(1)—Acquittal—Appeal by State—Standard of Review—In a government appeal under Sections 378(1) and (3) CrPC, the Uttarakhand High Court upheld the acquittal of the accused under Sections 376(2)(l)(n) IPC and Sections 5(k)(l)/6 and 17 of the POCSO Act by the Special Judge, Dehradun—The prosecution's case relied on the testimony of a 12-year-old mentally challenged victim and her parents, but the trial court found inconsistencies and lack of corroborative medical or forensic evidence—The High Court emphasized that statutory presumptions under Sections 29 and 30 of the POCSO Act arise only after foundational facts are est...
(A) Protection of Children from Sexual Offences Act, 2012—Timely Investigation—Trial of POCSO—Establishment of Exclusive Courts—To ensure the swift investigation and trial of cases under the Protection of Children from Sexual Offences (POCSO) Act, directions have been issued for the establishment of Exclusive POCSO Courts in districts reporting over 100 pending cases—These courts will be supported through central funding under a dedicated scheme, covering appointments of Presiding Officers, Special Public Prosecutors, support staff, and infrastructure costs—Emphasis is placed on creating child-friendly court environments to safeguard the emotional well-being of child victims—This initiative aims to expedite justice delivery and enhance the efficiency and sensitivity of the judicial process in POCS...
(A) Protection of Children from Sexual Offences Act, 2012—Timely Investigation and Trial under POCSO Act—Directions for Effective Implementation—The Court issued comprehensive directions to ensure the timely investigation and trial of cases under the Protection of Children from Sexual Offences (POCSO) Act—Recognizing systemic delays, it mandated the establishment of Exclusive POCSO Courts in every district registering over 100 POCSO cases annually—These courts are to be supported by a Central Government-funded scheme, which will provide for the appointment of dedicated Presiding Officers, Special Public Prosecutors, court staff, and support persons such as child counselors—Emphasis was placed on creating child-friendly court environments to reduce trauma and encourage child participation in the justice ...
Protection of Children from Sexual Offences Act, 2012, Section 7, 16,17, 3(b), 4(2) — Penal Code, 1860, Section 363, 366A, 376(3), 34 — Bail — Appreciation of Evidence — Lack of Specificity as to Place of Incident — Held — Bail granted to appellant convicted under POCSO Act — Victim’s statement lacked clarity on place of incident; admitted travel on public road, motorcycle, and public bus — No specific place of seclusion identified — Doctor’s report recorded no signs of penetrative assault; hymen intact; no injuries found — Forensic evidence also negated allegation of penetrative sexual assault — On such facts, even if victim’s version is accepted, alleged act would fall under Section 7 (sex...
Protection of Children from Sexual Offences Act, 2012, Sections 3/4—Bhartiya Nagrik Suraksha Sanhita 2023, Section 180, Section 183—Bharatiya Nyaya Sanhita (BNS)—137(2), 65(1)—Bail Granted in POCSO Case Despite Age Discrepancy and Lack of Medical Evidence—The Allahabad High Court granted bail to the applicant Karan @ Sandeep, charged under Sections 137(2), 65(1) of the Bharatiya Nyaya Sanhita (BNS), and Sections 3/4 of the POCSO Act—The prosecution alleged that the applicant enticed away a minor girl (aged 17 as per ossification test) and sexually assaulted her—However, the victim initially did not support the prosecution version under Section 180 BNSS and alleged rape only later under Section 183 BNSS, which the Court observed might have been after legal consultation. The FIR was del...
(A) Protection of Children from Sexual Offences Act, 2012—Section 6—Penal Code, 1860 - Sections 363, 366, 376(3)—Suspension of sentence—Criminal Law—Suspension of Sentence—Sexual Assault on Minor—The Supreme Court held that the High Court erred in suspending the sentence of a convict found guilty of sexually assaulting a minor—The Trial Court’s findings regarding the victim’s age and the nature of the relationship, based on reliable evidence, were deemed conclusive unless overturned through proper appellate scrutiny—Mere doubts raised at the appellate stage cannot justify suspension of sentence—In cases under the POCSO Act, courts must exercise heightened caution, ensuring that such relief is not granted without thorough judicial evaluation. (Paras 2, 4...
Criminal Procedure Code, 1973, Section 439 — Penal Code, 1860, Sections 363, 366A, 376D — Protection of Children from Sexual Offences Act, 2012, Sections 5(g)/6 — Bail Granted — Material Contradictions and Evidentiary Gaps — Where the prosecution case suffers from serious inconsistencies, including absence of test identification parade despite unfamiliarity of victim with accused, lack of corroborative medical evidence indicating recent or forceful sexual activity, and contradictions in the victim’s own statement regarding restraint and coercion, the Court held that continued incarceration was not justified — Prosecution witness also admitted the victim had a habit of leaving home voluntarily, raising doubt about the claim of forcible abduction — Independent witnesses di...
Protection of Children from Sexual Offences Act, 2012, Sections 5(m)/6—Penal Code, 1860, Section 376 AB—Juvenility Determination—Medical Board—Age Dispute—POCSO—Delay Condonation—The High Court allowed an application challenging the trial court’s order rejecting the applicant’s claim of juvenility—The applicant contended he was under 16 years of age on the date of the incident (26.11.2021) and produced a school certificate as proof—The trial court relied on a radiological medical certificate issued by a single doctor, not by a duly constituted Medical Board as ordered, to hold the applicant above 18 years and rejected the juvenility plea—The High Court found such reliance erroneous, holding that age must be assessed on the date of the incident and only by a properly c...
Protection of Children from Sexual Offences Act, 2012, Section 4—Criminal Procedure Code, 1973, Section 164—Bail—POCSO Conviction—Miscarriage of Justice—Perverse Appreciation of Evidence—In a case revealing shocking procedural lapses and potential miscarriage of justice, the Hon’ble Chief Justice Sri G—Narendar granted bail and suspended the sentence of a juvenile appellant convicted under Section 4 of the POCSO Act—Initially, the FIR named four other boys, and a settlement deed between the families was produced during trial—The alleged victim later changed her version under Section 164 Cr.P.C., naming the appellant and claiming coercion—The Court noted that if this were true, the statement could have been recorded by the Investigating Officer—The victim refused medic...
Protection of Child from Sexual Offences Act, 2012—Section 4(2)—Penal Code, 1860—Section 376(2)(j)—Criminal Procedure Code, 1973—Section 374 and 164(5)—Offence of rape—Appeal against conviction—Medical evidence presented by the prosecution failed to substantiate the alleged sexual intercourse between the prosecutrix and the accused—Notably, no injuries were found on the private parts of the prosecutrix, and the torn hymen was determined to be of an old nature—Modi's Medical Jurisprudence and Toxicology, which indicates that the presence of spermatozoa in the vagina can be detected from 30 minutes to 17 days post—intercourse—Additionally, there was a significant inconsistency between the statements of the mother, who is the complainant, and the father of the prosec...
Conviction upheld. Protection of Children from Sexual Offences Act, 2012—Sections 3, 4, 42 and 42A—Penal Code, 1860—Sections 376(2)(f) and 376(2)(i)—Offence of rape of own daughter aged 9 yrs—While entertaining the special leave petition, notice limited to the question of sentence was issued by this Court—Ends of justice would be served by restoring the judgment of the trial Court and directing that the sentence of life imprisonment awarded to the accused, by the trial Court, for the offence under Sections 3/4 of the POCSO Act shall stand revived—For the offences punishable under Sections 376(2)(f) and 376(2) (i) of IPC, the accused is sentenced to undergo imprisonment for life, as awarded by the trial Court, without the stipulation that the life term will enure till the natural life of the app...
(A) Protection of Children from Sexual Offences Act, 2012 Sections 5, 6—Penal Code, 1860 Sections 376A, 302, 366, 363, and 201—Evidence Act, 1872 Sections 24, 25, and 26—Code of Criminal Procedure, 1973 Section 164—The conviction based on circumstantial evidence was overturned due to several key issues—The prosecution relied on the last seen theory, a confession, and DNA/FSL reports—However, the confession was deemed involuntary and discarded by both the trial and High Courts—The last seen theory was found unreliable due to silent witnesses and no identification parade—Additionally, the DNA/FSL reports were ruled inadmissible because of the lack of expert examination and concerns about tampered custody of forensic samples—Ultimately, the court concluded that these deficiencies rendered...
Trial restored. Protection of Children from Sexual Offences Act, 2012—Section 3/4—Criminal Procedure Code, 1973—Sections 397 and 401 [Bharatiya Nagarik Suraksha Sanhita, 2023— Sections 438 and 442]—Exercise of Revisional Jurisdiction—Appellant—prosecutrix has preferred the present appeal—To impugn Remand order passed by High court—High Court has exercised the revisional jurisdiction under Section 397 of Cr.P.C., which normally should have been exercised in a rare case—When the POCSO Court had taken the cognizance of the alleged offence, considering the seriousness and gravity of the offence, in our opinion, the High Court should not have interfered with the same and remanded the matter for fresh investigation—It may also be noted that the High Court has directed as to ho...
Acquitted. Protection of Children from Sexual Offences, 2012—Section 4— Appeal by Prosecution to impugn concurrent acquittal—The testimony of the prosecutrix in the present case thus has failed to inspire absolute confidence of the Trial Court, the High Court and this Court as well—It is not believable that when the prosecutrix was caught by the accused who is known to the prosecutrix, she went with him quite a distance in the Bazaar and then to a shop, she never raised any alarm. The only reason she gave is that there was a knife with accused and he had threatened her that if she raises an alarm her brother and father would be killed—Already stated above that the testimony of the prosecutrix does not inspire confidence, under these circumstances, we are not inclined to interfere with the well considered o...
Criminal Procedure Code, 1973—Section 311 [ Bhartiya Nagrik Suraksha Sanhita 2023—Section 348]—Penal Code, 1860—Sections 363, 366, 376[ Bhartiya Nyaya Sanhita, 2023—Sections 137 (2), 87, 64]—Protection of Child from Sexual Offences Act, 2012—Section 3 and 4—Opportunity to cross-examination of protection witness—Closure of—Recall of witness—Application for—Dismissal of—The trial court dismissed the application for recall of a witness filed by the accused, opposed by the public prosecutor, leading to clear prejudice—Subsequently, the Chief Examination of the Prosecution Witness was conducted in the absence of the accused and his counsel—The public prosecutor failed to uphold the duty of ensuring a fair trial—Both the trial court a...
(A) Protection of Children from Sexual Offences Act, 2012—Section 15(1)—Child Pornography—The Protection of Children from Sexual Offences Act (POCSO) serves as a vital framework in India to combat child sexual abuse and exploitation, including child pornography—It highlights the proactive measures needed to prevent such offences and emphasizes the responsibility of all stakeholders—law enforcement, intermediaries, and society at large—to protect children. (Paras 41, 42, 44 and 45) (B) Protection of Children from Sexual Offences Act, 2012—Sections 15 and 30—Child Pornography—Downloading and watching—The legislation's emphasis on "inchoate crimes" acknowledges the necessity of addressing not just completed acts of abuse but also the intent ...
Protection of Children from Sexual Offences Act, 2012, Sections 5, 6—Penal Code, 1860, Sections 363, 366, 376(3)—Bail Granted in POCSO Case Amid Age Discrepancy and Systemic LapsesAllahabad High Court granted bail to the applicant, Prakash Kumar Gupta, accused under Sections 363, 366, 376(3) IPC and Sections 5L/6 of the POCSO Act—The FIR alleged that the victim was 13 years old; however, an ossification test later confirmed her age to be 19—The Court observed that the prosecution's case rested on false age representation, rendering the application of the POCSO Act inappropriate—The victim, in her statement under Section 164 CrPC, admitted to a consensual relationship and expressed her willingness to stay with the applicant. Protection of Children from Sexual Offences Act, 2012, Sections 5, 6—The ...
Penal Code, 1860—Section 363, 376 and 506—Protection of Child from Sexual Offences Act, 2012—Section 3 and 4—Bail application for—The accused's past criminal history alone cannot justify the rejection of his bail application—The applicant's criminal history is explained in the affidavit filed—The State has not demonstrated any risk of the accused tampering with the investigation, influencing witnesses, or evading the law—The principle of "Presumption of Innocence Unless Proven Guilty" supports bail as a rule rather than an exception—The bail application is allowed. [Prabhakar Tewari v/s State of U.P., (2020) AIR (CR) 370—relied upon] अभियुक्त के आपराधिक इतिहास को उसकी जमानत य...
Protection of Child from Sexual Offences, 2012—Section 5(D) and 6—SC/ST Act, 1989—Penal Code, 1860— Section 363, 366, 376(D)—Appeal against acquittal—The victim was recovered over a month after her alleged abduction—Medical reports found no injuries, and her radiological age was determined to be 19 years—In her initial statement u/s 161 Cr.P.C., she claimed to have married someone voluntarily, despite opposition from her family, and ran away with him—However, in her subsequent statement u/s 164 Cr.P.C., she supported the prosecution's case, alleging she was forcibly taken and married after being drugged—The trial court drew adverse inferences due to her access to a mobile phone, lack of communication with her family, and absence of Call Detail Records (CDR)—The victim w...
POSCO Offence, settled at Husband's house, abandoned by parents. Indian Penal Code, 1860, Sections 376(2)(n), 376(3)—Protection of Children from Sexual Offences Act, 2012, Section 6—Constitution of India, Articles 32 and 134—Supreme Court's special attention to restore Justice—Victim girl at the age of 14, eloped with a man of 25 years and started to reside at his house—Gave birth to a daughter—Abandoned by parents, but looked after by husband and in-laws—FIR filed after 9 days of missing—POSCO Court convicted for certain offences—High Court acquitted the Respondent—State Govt filed Criminal Appeal—Supreme Court initiated Suo Motu Writ petition to evaluate proceedings—This extraordinary situation was created because the State machinery did not follow the pr...
Indian Penal Code, 1860, S.363, S.366(A), S.506, S.376(3), S.376(2)(n)—Protection of Children from Sexual Offences Act 2012, S.5L/6, S.5(J)(ii)—Code of Criminal Procedure1973, S.439—Supreme Court allowed the appeal challenging the rejection of bail to the appellant, accused under multiple sections of the IPC and POCSO Act—The appellant's plea, citing consensual marriage with the complainant who is now pregnant, was contested by the state citing the complainant's minor status during the alleged offenses—The victim herself supported the appellant's plea—Highlighting that a significant portion of the trial had progressed and considering the appellant's custody since February 2024, the court granted bail—The appellant must cooperate in trial proceedings and adhere strictly to...
(A) Trial as an Adult of CCL—Protection of Children from Sexual Offences Act, 2012 (POCSO), Section 14—Juvenile Justice (Care and Protection of Children) Act, 2015, Section 19—Whether the CCL is to be tried by the Board or as an adult by the Childrens Court—Initially the application filed by the complainant was rejected by the Board—Aggrieved against the same, the complainant preferred revision before the High Court—High Court decided the same merely on the issue of finality of the opinion of the Board—It was in terms of Section 7(4) of the Act, which provides that where majority opinion is not possible, the opinion of the Principal Magistrate shall prevail—An appeal is a valuable right—Arguments, if any, which the CCL may have against the order dated 05.04.2022 passed by the Board dir...
Protection of Children from Sexual Offences Act, 2012, Section 3(a)/4, Section 9(m)/10, Section 5(m)/6, Section 29—Criminal Procedure Code, 1973, Section 374 (2), Section 164, Section 313—Delay in lodging the FIR—The appellant's identity was established through various means, including testimony and aliases used in official records—The delay in lodging the FIR was minimal and justified given the circumstances—The trial court relied on evidence such as the survivor's statement under Section 164 Cr.P.C., medical expert testimony, and the appellant's statement under Section 313 Cr.P.C—However, the reliance on the medical evidence was misplaced as it cannot substitute substantive evidence—Additionally, discrepancies in the recording of the appellant's statement under Section 313 Cr.P.C...
The Protection of Children from Sexual Offences Act, 2012 Section 6, Section 29, Section 30—Penal Code, 1860, Section 376(2)(i) and Section 511/506—Cr.P.C. Section 164, Section 313, Section 428—Medical and testimonial evidence in sexual assault —In a case of alleged sexual assault, the court considered both medical and testimonial evidence—Despite some inconsistencies, the court found superficial penetration, as indicated by the intact hymen and other medical observations—The victim's testimony was crucial but lacked corroboration from other witnesses—However, the court noted that slight contradictions between medical and testimonial evidence were insufficient to cast doubt on the prosecution's case—Additionally, the court discussed the significance of lodging an FIR in such cases, e...
Penal Code, 1860—Sections 363, 366, 376DA, 376(2)(j), 376(2)(n), 376(2)(l), 376(2)(h), 452 and 506(2)—Protection of Children from Sexual Offences Act, 2012—Sections 3A, 4, 5(L), 5(N), 5Q, 6, 16 and 17—Rape of Minor—The petition was filed seeking termination of pregnancy of a 16-year-old rape victim—Despite the victim's traumatic circumstances and medical risks, the court denied the termination, citing legal limitations and the fetus's viability—Instead, it directed specialized care for both the victim and the newborn, including medical follow-up and custody arrangements—The court also emphasized the victim's welfare, ordering support for her education and future well-being, along with compensation and supervision by legal authorities—The judgment underscores the delicate ba...
Protection of Children from Sexual Offences Act, 2012—Section 3(a) read with Section 4—Protection of Children from Sexual Offences Rules, 2012 Rule 7(2)—Conviction—Quantum of sentence—Convicted under Section 3(a) read with Section 4 of the POCSO Act, 2012, was sentenced by the Sessions Court to ten years of rigorous imprisonment (RI) along with a fine of INR 5,000, coupled with a default clause for simple imprisonment (SI) for three months—Additionally, the State Government was directed to pay INR 1,00,000 to the victim as compensation under Rule 7(2) of the POCSO Rules, 2012—The High Court affirmed the sentence imposed by the Sessions Court without any modification—However, considering that the appellant has already served more than seven years of his sentence and is providing for the day-t...
Indian Penal Code, 1860 Section 376AB—Protection of Children from Sexual Offences Act, 2012, Section 42—Conviction under Section 376 AB IPC—Interpretation of Criminal Conviction— Distinction Between 'Barbaric' and 'Brutal' —Legal Analysis—Consideration of Manner of Commission of Crime—Application of Definitions from Dictionary—Conviction Under Section 376 AB IPC Upheld—Modification of Sentence to 30 Years Rigorous Imprisonment—Concurrent Imprisonment for Conviction Under Section 363 IPC—Consideration of POCSO Act Offences— Direction for Payment of Fine and Victim Rehabilitation—Prohibition of Early Release—Special Leave Petition Partly Allowed. (Para 14 & 17) Words and Phrases—Barbaric and Brutal -when the w...
Criminal Procedure Code : S.161, S.164, S.438(2)—Indian Penal Code : S.363, S.366, S.376, S.504, S.506—Protection Of Children From Sexual Offences Act : S.3, S.4—The appellant, Shiv Kumar Saroj, faces charges under Sections 363, 366, 504, 506, and 376 of the Indian Penal Code and Sections 3 and 4 of the Protection of Children from Sexual Offences Act based on an FIR filed on 05.03.2022—Despite being approximately twenty years old, he has been in custody since 13.07.2022—The defense relies on statements from the prosecutrix recorded under Sections 161 and 164 of the Cr.P.C., and there is discrepancy regarding his age between a transfer certificate and an ossification report—Considering the circumstances, the court grants bail to Shiv Kumar Saroj during the trial, subject to conditions set by the trial co...
Indian Penal Code : S.363, S.366, S.201, S.376(A)(B), S.302—Protection Of Children From Sexual Offences Act : S.6—Murder—The appellant was convicted for multiple offences under the IPC and POCSO Act, including Section 363, 366, 201, 376 AB, 302 of IPC, and Section 5(m) read with Section 6 of the POCSO Act—The High Court partly allowed the appeal, confirming most convictions but modifying the death penalty for the IPC Section 302 offence to life imprisonment for 35 years—After thorough consideration, the Supreme Court deems that justice would be served by reducing the sentence to 25 years without remission—The appeal is partly allowed accordingly. ...
Indian Penal Code, 1860 — Section 375, Section 376, Section 376(2)(i), Section 376A—Protection of Children from Sexual Offences Act, 2012 — Section 3, Section 3(b), Section 5, Section 5(m), Section 6, Section 7, Section 9, Section 29, Section 42—Code of Criminal Procedure, 1973 — Section 161, Section 164, Section 313—Evidence Act, 1872 — Section 6—Rape—Sexually assaulting—The appellant was convicted under Section 376(2)(i) IPC and Section 6 of the POCSO Act for sexually assaulting a four-and-a-half-year-old—The child victim's consistent testimony, supported by her mother, led to the conviction—The defence cited discrepancies, hostile witnesses, and lack of medical evidence—The court, relying on precedent, emphasized that hymenal integrity doesn't negate ...
Indian Penal Code, 1860 — Section 229A, Section 377—Protection Of Children From Sexual Offences Act, 2012 — Section 11(1), Section 12—Oral sex—Arrested and remanded—Judicial custody—Bail granted to the sole accused in a POCSO case—Prosecution alleges an attempt of oral sex with a minor—Defense asserts innocence and false implication—With the victim being 17 years old and considering the 164 Statement, period of incarceration, and legal precedent, the court approves bail—Release conditions include a Rs.10,000 bond, appearance before the trial court, non-tampering with evidence, and no absconding—Breach empowers the trial court to act, following legal precedents. ...
Prohibition Of Child Marriage Act, 2006 — Section 9—Protection Of Children From Sexual Offences Act, 2012 — Section 5(1), Section 6—Indian Penal Code, 1860 — Section 229—Apetitioner, who is the sole accused, was arrested and remanded to judicial custody for alleged offenses under the Child Marriage Act and the Protection of Children from Sexual Offences (POCSO) Act. The prosecution's case involves allegations of penetrative sexual assault on the victim with a promise of marriage, followed by cheating. The petitioner claims innocence and that he has been falsely implicated. Notably, during the court proceedings, the victim expressed her desire to live with the accused, stating that they are lovers. Given the nature of the allegations, the court decided to grant bail to the petitioner under specific c...
Criminal Procedure Code, 1973 (CrPC), Sectiob 439—Protection of Children from Sexual Offences Act, 2012, Section 12—Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va)—Granted bail—POCSO Act Prevails Over SC-ST Act, Bail Plea U/S 439 CrPC Maintainable If Accused Charged Under Both—The charges stemmed from allegations of pestering a minor girl for a romantic relationship, which resulted in her suicide—The court noted doubts about the allegations, as complainant conduct raised suspicions—With the investigation complete and the petitioner in custody since April 30, 2023, bail was granted—Conditions included a substantial bond, regular court appearances, non-interference with witnesses, and restricted travel. ...
Penal Code, 1860 (IPC) - Sections 363, 366 and 376(2)(n)—Protection of Children from Sexual Offences Act, 2012 - Section 5(l) read with Section 6—Rape with minor—Victim, a 15-year-old girl, was found missing, and it was later revealed that she had voluntarily left her house to be with the appellant, whom she claimed to have married—The appellant denied all allegations, including any knowledge of the victim or marriage to he—The court found that the victim's age was below 16 years at the time of the incident, making her a minor—Despite the victim's consent, as she was a minor, the physical relations constituted rape—The court upheld the conviction, dismissing the appeal. ...
Protection of Children from Sexual Offences Act, 2012(POCSO)—Section 6 r/w 5(1)—Indian Penal Code, 1860—Section 366, 342, 376(2)—The prosecution's case relied on a report filed by the victim's mother (PW.1) regarding her daughter's disappearance—Subsequent investigations and testimonies from witnesses, including the victim (PW.2), corroborated the victim's account of events—While the defense argued the victim's age and a consensual relationship, the court stressed the significance of the victim's testimony in cases of sexual offenses against minors—The court confirmed the accused's conviction and sentence, citing legal interpretations, medical evidence, and presumptions under the POCSO Act—Additionally, the accused's detention period was set off from the ...
Protection of Children from Sexual Offences Act, 2012—Section 7, 8—Penal Code, 1860 (IPC) Sections 354, 376—Criminal Procedure Code, 1973 (CrPC) Section 482—Sexually assaulted—Minor victim—Rape by having sexual relation—Victim are married and they are living together as husband and wife—Marriage certificate—It was claimed that the victim was a minor at the time. However, it was established that the petitioner and the victim are now married, with a marriage certificate issued under the Special Marriage Act as evidence. Considering these circumstances, the court invoked Section 482 of the Cr.P.C. to quash the proceedings, as the alleged offenses occurred after the victim reached the age of majority, and they are currently living together as a married couple. ...
Protection Of Children From Sexual Offences Act, 2012—Section 3, Section 4(ii), Section 5(L), Section 6—Criminal Procedure Code, 1973 (CrPC)—Section 439—Penal Code, 1860 (IPC)—Section 376(2)(N), Section 376(3), Section 384, Section 450, Section 456, Section 457—Bail granted to a 22-year-old petitioner in a case involving sexual offenses and other charges—Prosecutrix's statements indicate a consensual relationship, and the petitioner has been in judicial custody since 20.08.2022. Bail approved with a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each. ...
(A) Protection of Children from Sexual Offences Act, 2012 (POCSO), Section 4—Penal Code, 1860 (IPC), Sections 302 and 376(2)(g), read with Section 34, 120B—Criminal Procedure Code, 1973 (CrPC), Sections 313 366 367 and 368—Indian Evidence Act, 1872, Section 145—Convict accused sentenced to death—Rape and murder—Certainly, here is a summary of the key points discussed in the passage you provided: (B) Criminal Case Details: The passage describes a criminal case involving rape and murder. The complainant, Kiran Devi, reported her daughter's disappearance and eventual discovery of the victim's dead body in the house of Munna Pandey, with suspicion falling on Pritam Tiwary. (C) Witness Statements: Witnesses, including Kiran Devi and Babloo Saw, provided statements confirming the even...
Protection of Children from Sexual Offences, 2012 Section 12—Penal Code, 1860 (IPC), Sections 342, S.354, S.354B, S.363—Criminal Procedure Code, 1973 (CrPC) Section 482—Explanation From Trial Court Judge For Passing Non-Reasoned Order Granting Bail To POCSO Accused-petition to set aside an order , granting bail to the accused in a case involving sexual offenses against a child—The court emphasized the importance of safeguarding the interests of child victims and ensuring a fair trial—It cited legal principles and previous judgments related to bail in such cases and set aside the bail order. ...
Protection of Children from Sexual Offences, 2012—Section 34, 3/4—Penal Code, 1860 (IPC)—Sections 174-A 229-A 376, 504, 506—Criminal Procedure Code 1973, (Cr.P.C.)—Sections, 82,161, 164, 173(2), 313—first informant and prosecutrix—Medical examination PW-1 and PW-2, did not support the FIR in court—Applicant, who has no prior criminal record, has been in custody over a year—Court, considering the lack of support for the FIR and the applicant's clean record, grants bail with specific conditions to ensure his appearance at trial. ...
Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Section 39—Protection to victims—Appointment of support persons—Emotional and psychological support—Physical sexual abuse—Investigation stage—Highlighted as a crucial step in creating a safe environment for children—The case arose from the struggles of an individual victim seeking justice under the POCSO Act, where it was observed that the role of a support person, as outlined in the Protection of Children from Sexual Offences Rules, 2020 (POCSO Rules), was not effectively implemented—The judgment emphasizes the significance of support persons in helping child victims navigate the legal process and their entitlements—It also issues directions to the State of Uttar Pradesh to improve the support person system and r...
Indian Penal Code, 1860—Section 376(2)(f)(i)—Protection of Children from Sexual Offences Act, 2012—Section 5(j)(ii), 5(n)—Appeal against a conviction for committing rape on his own daughter—The Trial Court convicted the accused despite a delayed FIR—Substantial evidence demonstrates that the incident occurred when the victim was aged between 15-16 years. PW 2, the victim's grandmother, supported the FIR— It seems that the victim herself was unaware of what happened, as her conversations with her sister revolved around the consequences of missing monthly cycles for 2-3 months—Thus, asserting a delay in filing the FIR is unwarranted—PW 2 promptly lodged the FIR, either on the same day or the following day upon learning about the accused's actions. A DNA report confirmed that the ...
Juvenile Justice (Care and Protection of Children) Act, 2015 Sections—15, 74, 99—Along with its relevant sections—And the Juvenile Justice (Care and Protection of Children) Model Rules, 2016—specifically Rule 10A, were under consideration—This legal context pertained to a case involving an alleged offense punishable under Section 302 of the Indian Penal Code—where the accused was being considered for adult trial—Initially, the Juvenile Justice Board (JJB) decided that there was a necessity to try the respondent as an adult. This decision was upheld by the Sessions Court, which dismissed the appeal. However—Tthe High Court subsequently set aside the orders issued by both the JJB and the Sessions Court—Remanding the matter back to the JJB for a fresh examination—Upon remand, the JJ...
Indian Penal Code, 1860—Section 376-AB—Protection of Children from Sexual Offences Act, 2012—Sections 4 and 6—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3 (1) (w) and 3 (2) (v)—Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013—Section 3—Code of Criminal Procedure, 1973—Section 173 (2) and 482—Sexual assault against minor tribal girls in girls hostel—FIR—Investigation—Charge-sheet filed by IO—Respondent filed an anticipatory bail application—Rejected by Sessions Judge—Challenged before High Court—Allowed—Respondent filed Criminal Application—Seeking quashment of FIR—High Court quashed the FIR as also char...
Protection of Children from Sexual Offences Act, 2012 — Section 12 — Petitioner sought regular bail in a case involving allegations under the Protection of Children from Sexual Offences Act, among others — The petitioner claimed to have married the complainant — Providing supporting documents — The court noted the delay in filing the FIR — The absence of a specific date for the alleged incident — And the fact that the complainant had reached the age of majority at the time of marriage — Considering these factors — The court granted bail to the petitioner, subject to conditions — And allowed the trial to proceed independently — Allowed ...
Protection of Children from Sexual Offences Act, 2012—Sections 7 and 8; Indian Penal Code, 1860—Section 354A—Criminal Procedure Code, 1973—Section 439—Regular Bail—Delay in lodging complaint—Grant of bail with stringent conditions—Allegation of sexual assault on a 16-year-old girl during Guruvayoor Ekadasi in 2017 by petitioner-accused—Complaint lodged nearly five years later based on Childline intimation—Allegations vague and belated—Petitioner in custody since 10.11.2021—Held, continued detention not necessary for investigation—Petitioner released on bail with strict conditions including execution of bond of ₹50,000 with sureties, appearance before Investigating Officer when required, no interference with investigation or witnesses, surrender of passport or ...
Indian Penal Code, 1860—Sections 302, 364A, 376, 376(2), 376A, 201; Protection of Children from Sexual Offences Act, 2012—Sections 5, 6; Criminal Procedure Code, 1973—Section 235(2); Constitution of India, 1950—Article 20(1) — Offence and Conviction: The appellant was convicted under Section 6 of the POCSO Act and Sections 302, 376, and 376(2) IPC for the rape and murder of a minor girl aged 2½ years. Evidence established that the accused took the victim from her grandfather under false pretext, sexually assaulted her, and caused injuries sufficient to endanger life, though without conscious intent to kill. Circumstantial evidence, eyewitness testimony, medical and post-mortem reports, and DNA analysis formed a conclusive chain of evidence linking the accused to the crime. Recovery of victim&rsquo...
Criminal Procedure Code, 1973—Section 232, Section 313—Penal Code, 1860, Section 376—Protection of Children From Sexual Offences Act, 2012—Section 10, Section 3, Section 3(a), Section 3(b), Section 3(c), Section 3(d), Section 5, Section 5(l), Section 6, Section 7, Section 8, Section 9(m)—conviction and sentence of the appellant in a case involving the sexual assault of a minor girl—The appellant was convicted under various sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO Act) based on evidence presented by the prosecution—However, upon examination of the evidence and legal provisions, the court found that the conviction under Section 376 of the IPC and certain sections of the POCSO Act was unsustainable—...
Protection of Children from Sexual Offences Act, 2012—petition arguing that a death sentence should be imposed in a case involving—High Court had modified the sentence to life imprisonment with the condition that the convict not be released—The state contended that the death sentence sends a signal to society—However, the Supreme Court disagreed, stating that the punishment of not being released is punitive enough to signal society, and it cannot be applied retrospectively—The petition was dismissed. ...
Criminal Procedure Code, 1973—Sections 386(b)(iii), 401—Protection of Children from Sexual Offences Act, 2012—Sections 5(m), 6, 9, 10—Indian Penal Code, 1860—Section 341—Conviction and Sentence—Enhancement of Sentence—Appellate and Revisional Powers—Held, in an appeal from conviction under Section 386(b)(iii) CrPC, the Appellate Court may alter the nature or extent of the sentence but cannot enhance it unless the accused has been given an opportunity to show cause against such enhancement as mandated by the proviso to Section 386. The High Court can exercise suo motu revisional powers under Section 401 read with Section 397/386(b)(iii) to enhance sentence, even if no appeal by the State is filed, but only after giving notice and opportunity to the accused to be heard. In the present ca...
Constitution of India, 1950 - Article 32—Protection of Children from Sexual Offences Act, 2012 - Section 35(2)—Treatment of an eight-month-old female child who had become a victim of a crime under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The court emphasized the need for child protection and speedy trials in such cases. The POCSO Act is designed to protect children from sexual offenses and emphasizes the child's best interests. The Act establishes Special Courts for trials and sets a time frame for recording a child's evidence. The court directed the High Courts to sensitize Special Courts to child protection issues, establish Special Courts for POCSO cases, expedite trials, and ensure a child-friendly atmosphere. Additionally, a Special Task Force was to be created to monitor investigatio...
Penal Code, 1860 (IPC) - Section 376 — Protection of Children from Sexual Offences Act, 2012 — Section 4, Section 8 — State of Bihar appealed against the acquittal of the sole respondent who was charged with offenses under various sections including Section 376 of the Indian Penal Code and Sections 4 and 8 of the Protection of Children From Sexual Offences Act, 2012 — The victim's testimony and other evidence presented inconsistencies and contradictions — The court found that the trial court's acquittal was reasonable, reinforcing the presumption of innocence. The appeal was dismissed, upholding the acquittal. ...