Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child witness - Bar u/s 33(5) of POCSO Act - S.33(5) of POCSO Act shall not be interpreted to hold that recalling of child witness is prohibited in toto - However, repeated examination of child shall be avoided...........
Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child witness - Bar u/s 33(5) of POCSO Act is not absolute and in appropriate case in order to meet the ends of justice, relaxation of mandate u/s 33(5) of POCSO Act is legally permissible - However, it should be established that such recalling is absolutely necessary for just decision of..........
Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child witness - Bar u/s 33(5) of POCSO Act - Application filed to fill up lacuna and omission in evidence resulted due to latches in evidence at the instance of counsel for petitioner by recalling PW1 - S.33(5) of POCSO Act would apply - Application rightly dismissed...........
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 - There is no absolute bar u/s 33(5) of POCSO Act to recall a victim witness - However, victim who is a minor shall not be repeatedly called to Court in the guise of cross-examination - Application u/s 311 Cr.P.C..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of victim - Almost all the questions have already been put to victim and there are certain questions which are completely irrelevant and can be put to other witnesses - Moreover, there is a statutory bar u/s 33(5) of POCSO Act to recall victim in a..........
Criminal Procedure Code, 1973, Section 227, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Discharge - Offence u/s 4 of POCSO Act - I.O during investigation did not proceed for collecting birth certificate of victim - Medical Officer as per Ossification test opined that age of victim was more than 14 years but less than 15 years - There is thus, no..........
Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Offence u/ss 3, 4 of POCSO Act - Compromise - POCSO Act is a Special Statute and any offence under the Special Statute cannot be quashed on the basis of compromise...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Sexual assault - Delay was explained by mother of victim stating that FIR was lodged after 7 days in view of security and dignity of her daughter - Explanation is sufficient in terms of legislation of POCSO Act to protect the menus of victim after sexual assault - Delay of 7 days in lodging FIR not fatal..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(13) -- Child in conflict with law - Child can be an offender of sexual offences as defined in POCSO Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(13) -- Child in conflict with law - If offender is a child in conflict with law, for the offences under POCSO Act or under any other statue, he cannot be tried in the ordinary criminal Court, but shall be inquired into only by a Juvenile Justice Board...........
