Protection of Children from Sexual Offences Act, 2012, Section 19, 2, 42A, Criminal Procedure Code, 1973, Section 198 -- Overriding effect of provisions of POCSO Act - S.19 r/w S.21 of POCSO Act shall override restrictions imposed u/s 198(1) r/w S.198(3) Cr.P.C...........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Prosecution has not examined person who had recorded date of birth of victim in School Register or any other person conversant with said fact - In the absence of such evidence, entry regarding age of victim as..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Quashing of proceedings - Offence u/ss 363, 366, 120-B IPC and Ss.16, 17 POCSO Act - Compromise - No good ground to quash proceedings in the instant case...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of rape case - Mere apprehension of victim cannot be a ground for transfer of case to POCSO Courts and/or presided by woman Judge, even though offence does not involve provisions of POCSO Act...........
Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Conviction - No evidence has been deposed regarding sexual intercourse - The prosecution failed to prove, beyond all reasonable doubts, the fact that the victim was minor as on the date of occurrence - No effort was made by the prosecution to establish the..........
Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Conviction - No evidence has been deposed regarding sexual intercourse - The prosecution failed to prove, beyond all reasonable doubts, the fact that the victim was minor as on the date of occurrence - No effort was made by the prosecution to establish the..........
Indian Penal Code, 1860, Section 363, 376(2)(i), 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2) -- Juvenile - Offence u/ss 363, 376(2)(i), 302, 201 IPC, Ss.5(m), 6 of POCSO Act - Death sentence - Conviction could be tested and the conviction which was recorded..........
Indian Penal Code, 1860, Section 363, 376(2)(i), 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2) -- Juvenile - Offence u/ss 363, 376(2)(i), 302, 201 IPC, Ss.5(m), 6 of POCSO Act - Death sentence - Conviction could be tested and the conviction which was recorded..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33, 4, 8 -- Offence u/ss 4 & 8 of POCSO Act - Recall of victim for cross-examination - Adjournment sought for cross examination of victim which came to be rejected and cross examination of victim was taken as `nil' - Trial Court ought to have given one more..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of victim - Bar u/s 33(5) of POCSO Act - Victim is now aged about 22 years though she was below 18 years at the time of incident - For the purpose of S.33(5) of POCSO Act, relevant age is age at the time of examination of witness - S.33(5) POCSO Act..........
