Protection of Children from Sexual Offences Act, 2012, Section 5(m) -- Penetrative sexual assault - Appellant ought to have been medically examined to ascertain whether he was capable of maintaining an erection, given the age attributed to appellant at the time of commission of offence - However, merely because the investigating agency may not have been alert would not..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m) -- Penetrative sexual assault - Victim an 11 years old girl recounting an incident that had taken place four years earlier and corroborating almost to the finest detail, statement that she had contemporaneously rendered u/s 164 Cr.P.C - Statement of victim comes through as natural and believable - There is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A(2), 341 -- Anticipatory bail - Outraging modesty of woman - Delay of 2-1/2 years in lodging FIR - Delay in the matter of sexual offence though does not have much significance, but considering the fact that victim is a very educated lady, she should explain the delay satisfactorily -..........
Indian Penal Code, 1860, Section 376, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape of 7 years old minor girl - Victim supported prosecution version which was also corroborated by younger sister of victim - Accused/juvenile caught in the act at the spot and was beaten by people gathered there, as injuries were..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Change of counsel in a case cannot always be ground for recalling and re-examination of witness, more so, in cases of sexual offences - However, facts and circumstances of each case have to be appreciated before deciding an application u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - Bar u/s 33(5) POCSO Act - Victim has not been repeatedly called for cross-examination - Bar u/s 33(5) POCSO Act is not attracted - Application for recall of victim..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - No question was put to victim in her cross-examination regarding allegation levelled against accused - More so, issue concerning determination of age of victim as..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 504, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Juvenile - Bail - Rape - JJ Board declined bail to accused considering the fact that his act..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 341, 342, 376(D), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Bail - Offence u/ss 341, 342 and 376(D) & Protection of Children from Sexual Offences Act, 2012, Ss.4, 8 - Grant of bail on the ground that accused is ready to deposit ad interim compensation of Rs.1 lakh in..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence under POCSO Act cannot be quashed on the basis of any compromise or matrimony between accused and prosecutrix...........
