POCSO

madras high court
Case BriefsHigh Courts

If consensual relationship cases are segregated from the pending cases, it will be easy to deal with them and in appropriate cases, the Court can also exercise its jurisdiction and quash the proceedings, if the proceedings are ultimately going to be against the interest and future of the children involved in those cases and it is found to be an abuse of process of Court.

live-in relationship and section 376 of ipc
Case BriefsSupreme Court

Supreme Court also considered the fact that the inter-faith couple had jointly approached the High Court seeking police protection.

delhi high court
Case BriefsHigh Courts

During a certain phase when the alleged forceful sexual intercourse was committed, the student was a minor.

justice bela m. trivedi
Know thy Judge

Justice Bela M. Trivedi, who was appointed as a Supreme Court Judge in 2021, is the first woman Judge from Gujarat High Court to be elevated to the Supreme Court and a Limca Book of Records holder.

delhi high court
Case BriefsHigh Courts

The Court directs that the petitioner should be released on bail after noting the FSL report which shows that the DNA of the unborn child of the prosecutrix did not match with the accused.

allahabad high court
Case BriefsHigh Courts

Allahabad High Court said that any statement of a rape victim is an extremely humiliating experience for a woman, and until she is a victim of sex crime, she would not blame anyone but the real culprit.

jammu and kashmir and ladakh high court
Case BriefsHigh Courts

The High Court was deliberating over a bail application wherein the accused was charged under S. 377, IPC and POCSO act for commission of fiendish crime against a child.

jammu and kashmir and ladakh high court
Case BriefsHigh Courts

“It is not the case of the prosecution that trial is being delayed because of the conduct of the accused but it is a case where the victim is avoiding stepping into the witness box.”

delhi high court
Case BriefsHigh Courts

Delhi High Court observed that it cannot lose sight of the fact that alleged offence was committed with a child victim of tender age who got frightened by the threats extended to him by the accused as well as by the alleged act of the accused and it is not expected that a child of such a tender age would behave like an adult by raising the alarm promptly.

justice m.r. shah
Know thy Judge

After an active tenure of 4.5 years at the Supreme Court, which includes authoring of nearly 700+ decisions, Justice Mukeshkumar Rasikbhai Shah retires today.

allahabad high court
Case BriefsHigh Courts

Mazid Bayan is also a part of investigation, and it can be relied on by Investigating Officer while filing a final report/ charge sheet and only caveat is that it may not be a tutored statement or recorded only for the purpose of predetermined object to continue investigation in a particular way and it may not be on whimsical approach of Investigating Officer.

delhi high court
Case BriefsHigh Courts

The attitude towards early love relationships, especially adolescent love, had to be scrutinized in the backdrop of their real-life situations to understand their actions in each situation because the teenagers who try to imitate romantic culture of films and novels, remain unaware about the laws and the age of consent.

delhi high court
Case BriefsHigh Courts

Delhi High Court observed that there is no distinct category within child victims of rape as those who are married and those who are not.

Bombay High Court
Case BriefsHigh Courts

Eruption of wisdom tooth may at the most suggest that the age of the person is 17 years or above, but non-eruption or absence of wisdom tooth does not conclusively prove that the person is below 18 years of age.

high courts roundup
High Court Round UpLegal RoundUp

A quick legal roundup to cover important stories from all High Courts in April 2023

allahabad high court
Case BriefsHigh Courts

Allahabad High Court said that the admission form has not been filled in by the parents of the victim, but by a stranger, whose credentials are unknown. Thus, the significance of victim’s medical age determination will be considered, as per which, she was a major on the date of the incident.

Bombay High Court
Case BriefsHigh Courts

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.

allahabad high court
Case BriefsHigh Courts

Allahabad High Court said that the Magistrate is not bound in such a situation to follow the procedure laid down in Sections 200 and 202 of CrPC for taking cognizance of a case under Section 190(1)(a), though, it is open to him to act under Section 200 or Section 202 also.

minor rape case
Case BriefsSupreme Court

The Patna High Court had rejected the petitioner’s anticipatory bail in this matter, while the Supreme Court granted protection to the petitioner against arrest on 16-12-2022.

asharam bapu case
Case BriefsSupreme Court

The Supreme Court said that the power to take additional evidence in an appeal is to be exercised to prevent injustice and failure of justice, and thus, it must be exercised for good and valid reasons necessitating the acceptance of the prayer.