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Supreme Court said that the High Court overlooked the fact that the Trial Court could not have recorded the settlement, and this was a suitable case for the High Court to exercise its jurisdiction under Section 482 CrPC to quash the proceedings. As a result, the parties were unnecessarily compelled to approach this Court.
“The provisions of Section 42A of POCSO Act, cannot be interpreted so as to override the scope and ambit of enabling provision, i.e., Section 42 of POCSO Act.”
“The pain and agony of a five-year-old child, who became paraplegic, is miserable, at least in the form of money, but sense prevails that it is the only occasion on which the Tribunal or the Court by adopting a pragmatic, realistic, and sensible approach to compensate the minor and/or to endeavour to put him back to the original position.”
“There can be no disagreement on the issue that dignity and fair treatment is not only available to a living man but also to his dead body and every dead body is entitled to a respectful treatment.”
It cannot be denied that continuation of pregnancy can lead to complication at a later stage on both, the victim’s physical, psychological and mental condition. Although, the victim is suffering from severe anaemia, but team of doctors opined that she may be physically fit after correction of anaemia.
Although the offence of ‘aggravated sexual assault’ was not mentioned in the compensation scheme, the Court referred to the offence of ‘unnatural sexual assault’ to determine the quantum of compensation.
“Where women are honoured, divinity blossoms there and where women are dishonoured, all actions no matter how noble remain unfruitful.”
“माता के समान कोई छाया नहीं, कोई आश्रय नहीं, कोई सुरक्षा नहीं। इस विश्व में माता के समान कोई जीवनदाता नहीं।”
The Court observed that there is an increase in the cases of sexual offenses against the child. The child sexual abuse cases demonstrate the inhumane mindset of the accused. There is an adverse impact of the incident on the victim, on her family members, and even on society.
Gujarat High Court denied showing any leniency while deciding bail application of accused charged with offences under POCSO Act.
Bombay High Court: In a case filed by the mother of a 9-year-old minor boy, seeking quashing of the FIR
Sessions Court, Borivali Division, Mumbai: In a case filed by a minor girl against the accused for offences under Sections 354, 354-D,
Karnataka High Court: While deliberating over the instant petition seeking termination of proceedings under the provisions of the POCSO Act,
Supreme Court: In an interesting case, the Division Bench comprising of L. Nageswara Rao and B.R, Gavai, JJ., acquitted the appellant who
Madras High Court: Stating that two-finger test cannot be permitted to be continued, the Division Bench of R. Subramanian and N. Sathish
Supreme Court: In a case where a 3 year old girl was raped and strangulated to death, the 3-judge Bench of L.
Patna High Court: While addressing the plight of a minor girl who was first trafficked by her own maternal uncle and was
Bombay High Court: Vibha Kankanwadi, J., upheld the Special Court’s decision for conviction of a person accused of having committed unnatural intercourse with
Sikkim High Court: A Division Bench of Meenakshi Madan Rai and Bhaskar Raj Pradhan, JJ. partly allowed the present appeal wherein a
Bombay High Court: A Single judge Bench comprising of K.L. Wadane, J. partly allowed a criminal appeal filed against the judgment of