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The Court found that there was absence of concrete proof of age of the minor victim, therefore, the charge under Section 6 of the POCSO Act was not proved, instead the appellant was convicted under Section 376(1) of the IPC.
Madhya Pradesh High Court quashed the impugned FIR and its subsequent criminal proceedings by the prosecutrix aged about 17 years 10 months.
Supreme Court regarded the result of ossification or bone test in the instant matter, as the most authentic evidence for being corroborated by the examining doctor as well.
Bombay High Court pointed out the personal interaction with the victim and her statements confirmed consensual relationship with the accused, but the rigors of POCSO Act did not permit quashing of proceedings because any kind of sexual indulgence with a minor fell within the ambit of Sections 4 and 6 of POCSO Act.
The Court found that none of the acts of the convict would come within the definition of ‘rape’ under Section 375 of the IPC or ‘penetrative sexual assault’ under Section 3 of the POCSO Act.
Madhya Pradesh High Court set aside impugned FIR as well as all consequential proceedings arising out of it.
The accused father in the instant matter had allegedly committed rape on victim daughter in 2011 and 2013.
Kerala High Court started with a quote by — Mitch Albom which reads as “When you look into your mother’s eyes, you know that is the purest love you can find on this Earth.”
The Court strictly observed that in India, Gurus/teachers are considered akin to God and the Government Teacher’s perverse acts have created fear in the minds of the parents of minor girls students.
The Court observed that the prosecution evidence on being scrutinised should inspire the confidence of the Court regarding the factum of sexual intent being involved in the case in hand.
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.
Dhanbad POCSO Court said that allegation of informant based on an inquiry in a secret manner that rape, and unnatural offence has been committed against victim child could not be established and prosecution’s case against the accused persons remains doubtful.
by O.P. Harsh Singh Munday† and Tanushi Patel††
by Maharukh Adenwalla† and Prakriti Shah‡
The accused had argued that the complainant and her family, out of ill will, had orchestrated the complaint and were extorting the petitioner for their own means and benefits. Rajasthan High Court, however, did not appreciate the fact that the previous complaints filed by the prosecutrix was closed on account of being frivolous and a closure report was also filed in the matter.
Allahabad High Court Allahabad High Court dismisses appeal against acquittal order in Babri Masjid Demolition Case In an appeal against
Rajasthan High Court: The Court exercising its inherent powers under Section 482 of Criminal Procedure Code (Code), quashed the First
Allahabad high Court: In a second anticipatory bail application for offences under Sections 363, 366, 376 of the Penal Code,