Supreme Court of India Judgements

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Category: POCSO

Acquittal POCSO

Protection of Children from Sexual Offences Act, 2012 – Supreme Court found significant discrepancies and contradictions in the prosecution witnesses’ testimonies, including the victim’s, casting doubt on the prosecution’s version of events – Due to these inconsistencies and lack of corroborative evidence, the Supreme Court acquitted the appellants, setting aside their convictions and sentences – The judgment emphasizes the importance of credible evidence and the consequences of accusations on the lives of individuals, highlighting the need for careful examination of testimonies in sexual harassment cases.

Mar 12, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH NIRMAL PREMKUMAR AND ANOTHER — Appellant Vs. STATE REP. BY INSPECTOR OF POLICE — Respondent ( Before : Dipankar Datta, K.V. Viswanathan and Sandeep…

POCSO

Accused-appellant also providing for the day-to-day expenses of the victim and her child and therefore, further imprisonment will impact not only his family but also the victim’s – Ends of justice would be met if the period of imprisonment awarded against the accused-appellant is reduced to the period already undergone by him – Conviction u/s. u/S. 3(a) r/w Sec. 4 of the POCSO Act, 2012 is hereby confirmed – Sentence imposed by the Sessions Court and confirmed by the High Court is hereby modified and reduced to the period already undergone – Appeal allowed in part.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJASEKAR — Appellant Vs. THE STATE REP. BY THE INSPECTOR OF POLICE — Respondent ( Before : Vikram Nath and Satish Chandra Sharma, JJ.…

POCSO

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

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.…

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C P C

Specific Relief Act, 1963 — Section 41(h) — Injunction when refused — Equally efficacious remedy — A suit for mandatory injunction for removal of a wall is barred if the plaintiff has not claimed possession, and possession is disputed, as a suit for possession would be a more efficacious remedy.

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Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 197, 245Q, 245R(2)(iii) — Double Taxation Avoidance Agreement (DTAA) between India and Mauritius, Article 13(4) — Capital Gains Tax — Advance Ruling — Tax Avoidance — The Authority for Advance Rulings (AAR) rejected an application for an advance ruling on the grounds that the transaction (sale of shares of a Singapore company by a Mauritius company) was prima facie designed for tax avoidance — The High Court overturned this decision, holding the assessee was entitled to treaty benefits and that their income was not chargeable in India — The Supreme Court is examining whether the AAR was correct in rejecting the applications for advance ruling on maintainability grounds.

Jan 17, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 7 — Corporate Insolvency Resolution Process (CIRP) — Admission of CIRP — Adjudicating Authority’s power and duty — Legal position is well-settled that once the Adjudicating Authority is satisfied that a financial debt exists and a default has occurred, it must admit the application — Inquiry under Section 7(5)(a) is confined strictly to determination of debt and default, leaving no scope for equitable or discretionary considerations — Reliance on Vidarbha Industries is misconceived; it is a narrow exception confined to its peculiar facts — Admission under Section 7 remains mandatory once debt and default are established — Any alleged non-cooperation by the financial creditor occurred subsequent to the default and cannot absolve the corporate debtor of its admitted failure to comply with its payment obligations. (Paras 12.3, 12.6, 12.9, 12.10)

Jan 17, 2026 sclaw