Protection of Children from Sexual Offences Act, 2012, Section 42A -- Overriding effect of provision of POCSO Act - Provision of POCSO Act shall be in addition and not in derogation of any other law for the time being in force and in case of any inconsistency provisions of Act shall have overriding effect on provision of any such law to the extent of inconsistency...........
Indian Penal Code, 1860, Section 354A(iii), Protection of Children from Sexual Offences Act, 2012, Section 11(iii) -- Sexual harassment - Act of showing any object to a child for pornographic purposes, amounts to offence u/s 354-A(iii) IPC and S.11(iii) of POCSO Act...........
Indian Penal Code, 1860, Section 354D, Protection of Children from Sexual Offences Act, 2012, Section 11(iv) -- Stalking - Victim stated in her statement u/s 164 Cr.P.C that she left her residence voluntarily and did not encounter or communicate with petitioner - This statement, therefore, fails to substantiate the essential elements of stalking as defined u/s 354-D IPC..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Medical examination report completely corroborates the history of rape as stated by victim - Absence of any spermatozoa in vaginal swab cannot alone belie prosecution story of rape - Nothing is found from evidences of doctor and witnesses to raise a..........
Protection of Children from Sexual Offences Act, 2012, Section 10, Indian Penal Code, 1860, Section 376(2)(c), 511, 448 -- Offence u/s 10 of POCSO Act and Ss.376(2)(c), 511, 448 IPC - Evidence of victim girl and medical examination report prima facie do not indicate that there was any penetration or rape committed by petitioner on the victim girl nor that he attempted to..........
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...........
