POCSO Archives - Supreme Court of India Judgements

December 5, 2023 3:36 am

Penal Code, 1860 (IPC) – Sections 363, 366-A, 376(A), 376(2)(i), 376(2)(j), 376(2)(k), 376(2)(m), 302 and 201 – Protection of Children from Sexual Offences Act 2012 – Section 6 – Death sentence – Kidnapping, Rape and Murder of 3 months old girl child – Hurried Trial – Prosecution is based on circumstantial evidence in which the prosecution has to prove each link in the chain of circumstantial evidence and the important chains in the link are DNA report, FSL report and Viscera report – Trial has been conducted on day-to-day basis wherein the accused, who was in jail and defended by a counsel from legal aid, was compelled by the Trial Court to produce defence witness of his own in one day – – There was no opportunity, in the real sense, to the appellant to cross-examine the experts – Death sentence sentence set aside – matter is remitted back to the trial court for de novo trial

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH NAVEEN @ AJAY — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : B.R. Gavai, Pamidighantam Sri Narasimha and Prashant Kumar…

POCSO

Rape with minor girl – Quantum of sentence – the mitigating circumstances which weigh in favour of the accused must be balanced with the impact of the offence on the victim, her family and society in general – Rights of the accused must be balanced with the effect of the crime on the victim and her family – This is a case which impacts the society – If undue leniency is shown to the respondent in the facts of the case, it will undermine the common man’s confidence in the justice delivery system –

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN — Appellant Vs. GAUTAM S/O MOHANLAL — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal…

POCSO

Protection of Children from Sexual Offences Act, 2012 – Section 5 – Cancellation of bail – Gang-rape of a 15-year-old girl, threat of making video of rape recorded viral and extortion – Accused is the son of sitting MLA would disclose the domineering influence he would wield not only in delaying the proceedings but also in pressurizing the witnesses to either resile from their statement given during the course of investigation or pose threat to them from deposing against accused on their failure to act according to his dictates or induce them to testify as per his dictates or to help the defence of the accused – Bail cancelled – Appeal allowed.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHAGWAN SINGH AND OTHERS — Appellant Vs. DILIP KUMAR @ DEEPU @ DEPAK AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and…

POCSO

Protection of Children from Sexual Offences Act, 2012 – Section 39 – Protection to victims – Appointment of support persons – A support person is to provide information, emotional and psychological support, and practical assistance which are often crucial to the recovery of the child

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BACHPAN BACHAO ANDOLAN — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. )…

Juvenile Justice POCSO

Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 94 – Protection of Children from Sexual Offences Act, 2012 – Section 34 – Determination of age of victim – Mere school transfer certificate could not been relied for determination of age of victim

Jul 20, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P. YUVAPRAKASH — Appellant Vs. STATE REP. BY INSPECTOR OF POLICE — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. )…

POCSO

POCSO Act – Sections 4 6 8 &10 – Penetrative sexual assault – Phraseology – “Shall not be less than…” – When a penal provision uses the phraseology “shall not be less than….”, the Courts cannot do offence to the Section and impose a lesser sentence.

Jul 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF U.P. — Appellant Vs. SONU KUSHWAHA — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal Appeal No.…

POCSO

POCSO – (CrPC) – Sections 161, 164, 173(2) and 482 – HELD prima facie case against the persons named therein as accused, the truthfulness, sufficiency or admissibility of the evidence are not matters falling within the purview of exercise of power under Section 482 Cr.P.C. and undoubtedly they are matters to be done by the Trial Court at the time of trial –

Nov 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MAHARASHTRA AND ANOTHER — Appellant Vs. DR. MAROTI S/O KASHINATH PIMPALKAR — Respondent ( Before : Ajay Rastogi and C.T. Ravikumar, JJ.…

I P C POCSO

(IPC) – S 302, 376A, 376(2)(i) and 376(2)(m) – POCSO Act, 2012 – Ss 5 (i) and 5(m) 6 – HELD modify the sentence imposed for the offence under Sections 376(2)(i) and 376(2)(m) of IPC and for the offence under Section 5 (i) and 5 (m) read with Section 6 of the POCSO Act, so as to commensurate the said sentences with the sentence imposed for the offence under Section 376(A) of IPC, and accordingly imposes sentence directing the appellant/petitioner to undergo imprisonment for a period of twenty years instead of life imprisonment for the said offences – Petition allowed.

Nov 3, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH MOHD. FIROZ — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Uday Umesh Lalit, CJI, S. Ravindra Bhat and Bela M.…

I P C POCSO

HELD modify the sentence imposed for the offence under Sections 376(2)(i) and 376(2)(m) of IPC and for the offence under Section 5 (i) and 5 (m) read with Section 6 of the POCSO Act, so as to commensurate the said sentences with the sentence imposed for the offence under Section 376(A) of IPC, and accordingly imposes sentence directing the appellant/petitioner to undergo imprisonment for a period of twenty years instead of life imprisonment for the said offences.

Oct 22, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH MOHD. FIROZ — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Uday Umesh Lalit, CJI, S. Ravindra Bhat and Bela M.…

I P C POCSO

Death sentence confirmed – Kidnapping, Rape and murder of Mentally challenged Seven-and-a-half-year-old girl – in view of the nature of crimes committed by the appellant and looking to his incorrigible conduct.

Jul 10, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH MANOJ PRATAP SINGH — Appellant Vs. THE STATE OF RAJASTHAN — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and C.T. Ravikumar, JJ. )…

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Specific Performance

Specific Performance Of Re-Conveyance Deed Can’t Be Sought When Plaintiff Denies Defendant’s Title In Property

Dec 3, 2023 sclaw

Acquittal SC/ST

Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989 – Sections 3(2)(v) and 14A(1) – – Acquittal -There must be an allegation that the accused not being a member of Scheduled Caste or Scheduled Tribe committed an offence under the IPC punishable for a term of 10 years or more against a member of the Scheduled Caste or Scheduled Tribe knowing that such person belongs to such ‘community’

Dec 2, 2023 sclaw

Acquittal I P C

Penal Code, 1860 (IPC) – Section 306 – Abetment of Suicide – Acquittal – The said incident allegedly happened more than two weeks before the date of suicide. There is no allegation that any act was done by the appellants in the close proximity to the date of suicide – By no stretch of the imagination, the alleged acts of the appellants can amount to instigation to commit suicide

Dec 2, 2023 sclaw

I P C

Penal Code, 1860 (IPC) – Sections 302 and 34 – Murder – Applicability of Section 34 of the IPC – For applying Section 34 IPC there should be a common intention of all the co-accused persons which means community of purpose and common design – Common intention does not mean that the co-accused persons should have engaged in any discussion or agreement so as to prepare a plan or hatch a conspiracy for committing the offence

Dec 2, 2023 sclaw

Category: POCSO

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