Search Results for "POCSO Act, 2012"

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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act — High Court Erred in Reducing Offence Despite Victim's Age Below 12 Years. Age of Victim Below 12 Years Mandates Application of Section 6, Not Section 4 of POCSO Act.

The State of Uttar Pradesh appealed against the judgment of the Allahabad High Court which had reduced the conviction of the respondent, Sonu Kushwaha...

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Bombay High Court Partially Allows Appeal in POCSO Case, Reduces Sentence for Aggravated Penetrative Sexual Assault. Conviction under Section 4 of POCSO Act, 2012 upheld but sentence reduced from 10 years to 7 years, while acquittal under Section 376(2)(i) IPC and other offences confirmed.

The case involves three appeals arising from a judgment of the Sessions Judge, Ahmednagar in Sessions Case No. 367 of 2013. The appellant-accused, Kis...

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Karnataka High Court Grants Bail to Accused in POCSO Case Due to Age Discrepancy and Consensual Relationship. The court held that at the bail stage, a prima facie case is to be seen, and since the victim supported the accused and age was disputed, bail was granted under Section 439 CrPC.

The petitioner, Arvind Kumar K.S., accused No.1, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking ba...

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Bombay High Court Upholds Conviction of Appellant under POCSO Act for Aggravated Penetrative Sexual Assault of Minor. Evidence of 13-year-old prosecutrix found credible and corroborated by medical evidence; sentence of ten years rigorous imprisonment upheld.

The appellant, Aaditya @ Sadanand Dilip Parab, was convicted by the Special Judge under POCSO Act, Greater Mumbai, for offences under Section 4 of the...

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Bombay High Court Allows Quashing of POCSO Case on Compromise — Court Holds That When Victim Attains Majority and Parties Settle, Continuation of Prosecution Is Abuse of Process.

The petitioner, Faizal Salim Shaikh, was accused in Final Report No. 55 of 2019 arising out of C.R. No. 0105 of 2019 registered at Koregaon Park Polic...

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Bombay High Court Acquits Accused in POCSO Act Case Due to Inconsistent Evidence and Failure to Prove Age of Victim. Conviction under Section 4 of POCSO Act and Sections 376(2)(f) and 366A IPC set aside as prosecution failed to establish victim's minority beyond reasonable doubt.

The appellant, Santosh Thorat, was convicted by the Special Judge, Ahmednagar, for offences under Section 4 of the Protection of Children from Sexual ...

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High Court of Karnataka Acquits Accused in POCSO Case Due to Unproven Age of Victim and Inconsistent Evidence. Conviction under Sections 366A, 344, 376(2)(n) IPC and Section 6 POCSO Act set aside as prosecution failed to establish victim's minority beyond reasonable doubt.

The appellant, Anil S/o Bhayrappa Khairav, was convicted by the Additional Sessions Judge, FTSC-I (POCSO), Vijayapura, in Special Case (POCSO) No.15/2...

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Bombay High Court Allows Quashing of POCSO and IPC Proceedings on Compromise Between Accused and Complainant Who Later Married. Marriage Between Accused and Complainant Leads to Quashing of FIR Under Section 482 CrPC as Continuation Would Be Abuse of Process.

The applicants, Taj @ Arjun S/o. Ajay Mishra (accused) and Ragini Ashok Amarnani (complainant), jointly filed a criminal application under Section 482...

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Supreme Court Restores POCSO Prosecution Against Doctor for Failure to Report Sexual Assault of Minor Tribal Girls. High Court's Quashing of FIR and Chargesheet Under Section 482 CrPC Set Aside as Premature and Contrary to Legal Obligation Under Section 19(1) POCSO Act.

The Supreme Court allowed the appeal filed by the State of Maharashtra against the judgment of the Bombay High Court (Nagpur Bench) which quashed FIR ...