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Delhi High Court has quashed an FIR registered under Sections 376 (rape), 363 (kidnapping), and 6 of the POCSO Act (aggravated penetrative assault). The decision was based on an amicable settlement between the parties, with no costs imposed on either side. This case underscores the court’s recognition of mutually agreed resolutions in certain criminal proceedings.
The Court in the impugned order had held that the petitioner watched a pornographic site, which would not become publishing or transmitting material as necessary under S. 67-B(a) and quashed the criminal proceedings against the petitioner.
The physical contact made by the accused with the girls coupled with the words uttered by him could only lead to one inference that the touch was with sexual intent.
“The well-known principle of “Presumption of Innocence Unless Proven Guilty,” gives rise to the concept of bail as a rule and imprisonment as an exception.”
The Court observed that the parents of the victims were illiterate and that the appellant’s allegations of false implications and extortion on the victim’s family’s part did not inspire any confidence as per evidence on record.
On 13-06-2024, the Additional City Civil and Session Court Judge NM Ramesh, issued an arrest warrant against BS Yediyurappa for a case registered under the Section 8 of the POCSO Act read with Section 354(A) of the Penal Code, 1860.
A case was registered under Section 8 of the POCSO Act read with Section 354(A) of the Penal Code, 1860 against BS Yediyurappa for allegedly assaulting a 17-year-old girl.
The Court opined that the prosecution did not place any material or evidence to conclude that reformation, rehabilitation, and social re-integration of the accused into society was not possible.
“A case involving love affair and unfortunately, the male member was made as a scapegoat to undergo imprisonment for the mistakes committed by the two. It is no doubt true that the offence under POCSO Act, 2012 has been made out to impose punishment on the accused, while the so-called victim girl is leading a happy life.”
Rajasthan High Court criticised the Investigating Officer and Judicial Magistrate, who failed to follow the mandatory provisions contained under Sections 24(5) and 33(7) of POCSO Act and Section 228-A of the IPC.
The version of the informant/victim must be considered with utmost care before discerning it. In fact, if the version of the informant/victim inspires confidence and appears to be trustworthy, credible, unblemished and of sterling quality, no further corroboration is required.
The Special Court for POCSO cases convicted the Tamil languageNadu teacher under Section 12 of the POCSO Act and sentenced him to three years of rigorous imprisonment and the High Court affirmed the conviction.
On 15-03-2024, the Chief Justice issued a Notification regarding adoption of Practice Directions for Criminal Appeals/Revisions or Criminal Petitions filed under the POCSO Act in Gauhati High Court and the Outlying Benches.
Kerala High Court hinted that evidence of sexual assault victim could be the sole basis of conviction, provided that the same was of a ‘sterling quality’.
Delhi High Court issued a mandatory reminder, rather than a gentle reminder that it is essential to emphasise that in cases involving offences of serious nature, particularly those falling under the Protection of Children from Sexual Offences (POCSO) Act, no form of mediation is permissible.
“In order to prosecute and punish a witness for offence of perjury, it must be established that the statement was made by him deliberately and consciously, which subsequently, was found to be false as a result of comparing it with other unimpeachable evidence on record”.
Madhya Pradesh High Court granted bail to the accused based on the examination of key witnesses and his extended period of incarceration.
The Court considered the grant of bail on account of all the relevant factors, gravity and nature of the offence, the extent of punishment, if enlarged on bail, may abscond or tamper with the evidence and witnesses, etc.
Calcutta High Court noted the rising trend of consensual sexual relationships among adolescents and recognized the need to address such cases within the legal framework.
Supreme Court directed NCPCR to formulate model guidelines after due consultation with the Central and State Governments for the States and Union Territories to frame their rules respecting the support persons under Section 39 of POCSO Act.