Showing : 11-20 of 36 Results

SIKKIM HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154-- Rape - Delay in lodging FIR - Delay occurred due to trauma suffered by prosecutrix - Merely because prosecutrix was not a child as defined u/s 2 of POCSO Act, does not deprive her of right of being traumatized and shocked by abhorrent act of accused - Prosecutrix admitted that she slept that night..........
DELHI HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 354, 324, 308, 84, Protection of Children from Sexual Offences Act, 2012, Section 10-- Offence u/s 354, 324, 308 IPC and S.10 of POCSO Act - Plea of insanity - Version of complainant is totally contrary to contents of complaint and in conformity with alleged history given in MLC of fall from stairs - Evidence on record shows psychiatric illness, intelligence quotient of accused..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 372-- Proviso, 378(3), Protection of Children from Sexual Offences Act, 2012, Ss.4, 42 - Appeal against acquittal - Offence u/s 4 of POCSO Act - Appeal not maintainable in view of S.42 of POCSO Act, as offence u/s 4 of POCSO Act and S.376 and other offences under which accused are convicted are similar..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Protection of Children from Sexual Offences Act, 2012, Section 16, 6, 10, Indian Penal Code, 1860, Section 506-- Abetment of offence - Sexual assault on minor by her own grandfather - Petitioner/grandmother of victim was present in house and was made aware by victim that hurt was caused by accused, which statement was neither looked at nor heeded to - Memo of confession as available on police file, is prima..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354, 452, Protection of Children from Sexual Offences Act, 2012, Section 7, 8-- Bail - Offence u/ss 354, 452 IPC and Ss.7, 8 of POCSO Act - Keeping in view facts and circumstances of case, nature of accusations, severity of punishment in case of conviction, period of detention already undergone, unlikelihood of early conclusion of trial and without going into merits of case,..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 354, 452, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v)-- Offence u/ss 354, 452 IPC and Ss.7, 8 of POCSO Act - Alleged offences under which accused is implicated is not punishable with more than 10 years - Thus, S.3(2)(v) of SC/ST Act does not apply...........
KERALA HIGH COURT
Year of decision: 2017
Details
Protection of Children from Sexual Offences Act, 2012, Section 33(1), Criminal Procedure Code, 1973, Section 10(3)-- Offence under POCSO Act - Bail granted by CJM as he was authorised by Special Judge to deal with POCSO matters during the absence of Special Judge - Held, S.10(3) of the Code confers power on the Sessions Judge and not on the Special Judge - No Court can be authorised to deal with POCSO matters..........
KERALA HIGH COURT
Year of decision: 2017
Details
Protection of Children from Sexual Offences Act, 2012, Section 33(1), Criminal Procedure Code, 1973, Section 10(3)-- Offence under POCSO Act - Bail granted by CJM as he was authorised by Special Judge to deal with POCSO matters during the absence of Special Judge - Special Judge has no power to issue any such direction - Held, bail granted cannot be sustained...........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 363, 323, Protection of Children from Sexual Offences Act, 2012, Section 10-- Kidnapping and sexual assault on 5 years old girl - PWs proved that accused kidnapped the victim out of lawful custody of her parents without their consent - No explanation has come on record by accused in this regard - Testimony of brother of victim/PW4 who was with her at the time of incident is..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 366, Prohibition of Child Marriage Act, 2006, Section 9, Protection of Children from Sexual Offences Act, 2012, Section 6-- Kidnapping - Child marriage - Sexual intercourse - Prosecutrix was child in terms of POCSO Act on date of occurrence - Accused kidnapped prosecutrix, married her and had sexual intercourse with her on several occasions due to which she got pregnant - Act of accused is squarely covered under..........

Showing : 11-20 of 36 Results