Indian Penal Code, 1860, Section 376(2)(i), 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Rape - Victim was minor on the date of incident - Evidence of victim gets due support from testimony of PW5 who is neighbour and had seen victim along with accused on the relevant day - Defence was unable to bring anything on record to discard the..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Offence u/s 6 of POCSO Act - Expeditious disposal of case - Direction issued to all Courts dealing with trials in Sessions Cases, especially cases under POCSO Act, to ensure that preferably such trials should be conducted on day-to-day basis and if that is not possible, testimony at least of witness..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of daughter by father - Contradictory statements given by prosecutrix and her mother - However, prosecutrix was 3 months pregnant at the time of registration of FIR - FSL report for the same establishes beyond doubt that DNA of foetus matched with that of..........
Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 6, 7 -- Rape - No aggravated penetrative sexual assault proved - In absence of any proof of aggravated penetrative sexual assault, S.6 of POCSO Act cannot be applied - However, since sexual assault upon victim girl has been proved, provisions of S.7 of POCSO Act are..........
Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Failure to prove age of victim has weakened prosecution's case under POCSO Act - Conviction of accused persons under POCSO Act is liable to be set aside...........
Indian Penal Code, 1860, Section 354, 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Nature of offence - Direct allegation of touching private parts of victim and also at the same time, appellant touching his private organs, is alleged by victim in her statements - Conviction recorded u/s 376(AB) IPC and u/s 6 of POCSO Act not sustainable..........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and S.6 POCSO - Bail - Accused aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and 6 POCSO - Bail - Juvenile aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault - In serious offences under POCSO Act, particularly those involving familial betrayal of trust, relief cannot be granted as a matter of routine...........
Indian Penal Code, 1860, Section 376, 377, 302, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Offence u/ss 376, 377, 302 IPC & Ss.5, 6 POCSO Act - Conviction - The Courts below have failed to make any detailed reference to the aggravating and mitigating circumstances surrounding the appellant - Court commuted the death sentence awarded to the..........
