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Considering the facts and circumstances of the case, overall evidence adduced by the prosecution, the mode and manner in which the incident had taken place, the Court opined that some reprieve in the matter of sentence deserved to be given to the convict who had been incarcerated since more than four years.
The Court stated that when the mother herself was living under constant fear, abuse, and violence inflicted by the same man, who had assaulted her child, her capacity to protect, act, or even process the truth is also deeply impaired. It is vital to understand the state of helplessness and paralysis that may result in such a traumatic environment.
The Supreme Court had taken suo motu cognizance of the matter after an NGO ‘We the Women of India’ approached the Court against the impugned decision.
“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.”
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
A Nodal Officer has been appointed in the Malayalam Film Industry Case for complainants receiving threatening calls and those who had not filed complaints before the Justice Hema Committee.
“The crime committed by the convict was diabolic in character. He enticed the innocent child by tempting him with ice-cream and brutally sodomized and murdered the four-year old. The appellant also mercilessly strangulated the deceased. The post-mortem report clearly indicated that death was due to asphyxia by throttling”.
“Based on the statement of a lady, that also after 17 years, the present case is registered. It is true that the investigation is going on. But, everybody must remember that the pride and dignity is not only to woman, but to men also.”
“Bail is a rule, and jail is an exception, but the accused involved in offences, which are grave, serious and heinous, fall within the exception and not the rule.”
‘The bail application of an accused for offence under Section 64 of BNS cannot be heard and disposed of without giving the victim an opportunity to be heard.’
A quick legal roundup to cover important stories from all High Courts this week.
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.
The Court remanded the matter back to the Children’s Court, directed the Sessions Court/POCSO Court to handover the charge sheet to the Children’s Court and the case registered before the Children’s Court was thus restored.
Asaram Bapu was sentenced to life imprisonment for offences punishable under Sections 376 and 377 of the IPC for raping a sevika at Surat Ashram, in the name of her promotion as an orator for religious discourses.
The Court further pointed out that while considering the bail applications, the factors which are required to be considered are nature of offence, gravity thereof and societal impact etc.
The Court noted that Section 90 of IPC does not define the term “consent”, but the law does not see “consent derived from a fear of injury and misconception of fact” as consent.
The Court opined that since the petition was filed after 01-07-2024, it ought to have been filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Bhavani Revanna is the mother of suspended Janata Dal (Secular) leader Prajwal Revanna, who is facing cases for alleged sexual offences committed against several woman
In cases of sexual assault and POCSO cases, wherever, the court is called upon to determine the age of victim based on “bone age ossification report”, the upper age given in “reference range” be considered as age of the victim.
‘Victim would have thought that she would find monastery in the lap of her father, instead, he turned out to be a monster.’