Indian Penal Code, 1860, Section 376, 363, 366(A), 370, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 3(a), 4, 5(j)(ii), 5(l), 6, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 376, 363, 366(A), 370, 376(2)(n) IPC and 3(a), 4, 5(j)(ii), 5(l), 6 POCSO - Quashing of complainant - Settlement between the parties - Marriage between..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Merely because offences under POCSO Act is alleged, there cannot be an absolute proposition of law that proceedings cannot be quashed based on settlement between parties, especially when settlement is genuine and bonafide so as to ultimately result in marriage between accused and the victim...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence under POCSO Act - Each case has to be addressed in the peculiar facts obtaining therein, and there cannot be an en bloc conclusion that quashment is wholly impermissible in cases involving POCSO offences...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Serious offences - Offences having a sexual overtone, like rape and a penetrative sexual assault etc., under POCSO Act cannot be terminated by quashing the same, acting only upon settlement between parties - It is indeed the offence against society and not a private issue between petitioner and defacto..........
Protection of Children from Sexual Offences Act, 2012, Section 42 -- Offence under POCSO Act and IPC - S.42 of POCSO Act, would make it clear that when the alleged acts or omissions constitute offence both under IPC and POCSO Act then, the law which prescribes the punishment of greater degree would have to be applied...........
Protection of Children from Sexual Offences Act, 2012, Section 42, 42A -- Provision of S.42-A of POCSO Act, by no stretch of imagination, can be interpreted so as to override the scope and ambit of enabling provision, i.e. S.42 of POCSO Act...........
Indian Penal Code, 1860, Section 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 42 -- Offence u/ss 376(2)(f), 376(2)(i) IPC and Ss.3, 4 of POCSO Act - Sections of IPC provides for a higher sentence as compared to Ss.3, 4 of POCSO Act - Trial Court was justified in choosing the former to award punishment in terms of S.42 of POCSO..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Penetrative sexual assault - Determination of age - Admittedly, school admission record based on affidavit of uncle of prosecutrix who is not examined thus cannot be relied upon as conclusive proof - Even, prosecutrix and mother..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - Compromise - Offences under POCSO Act - When quashment sought for on the ground of settlement, when moved by defacto complainant or accused, prime consideration is whether there were materials to see commission of offences - If prosecution evidence would show prima facie materials to hold..........
Criminal Procedure Code, 1973, Section 439(1A), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Non-impleadment of victim - Offence u/ss 363, 376-DA, 323, 506, 392 IPC and Ss.5(g), 6 of POCSO Act and Ss.3(2), 5(A) of SC/ST Act - Victim not impleaded as party in the bail proceedings - There is thus, gross violation of..........
