Search Results for "POCSO"

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Conviction Under Indian Penal Code and Protection of Children from Sexual Offences Act Upheld – DNA Evidence Confirmed Biological Parentage

Conviction and Sentence Confirmed – Consent Obtained Under Misconception of Fact – Victim Below Eighteen Years of Age (a) Consent of Minor Irrele...

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Acquittal in Stalking Case Under Section 354-D of the Indian Penal Code. Acquittal of the appellant due to insufficient evidence and failure to establish the offence of stalking.

The term ‘repeatedly’ in Section 354-D of the IPC requires recurring acts over a continuous period, which the prosecution failed to establish. De...

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High Court Upholds General Court Martial Conviction Under POCSO Act. Judicial Review of Court Martial Proceedings – Sexual Offences Against Minors – Scope of High Court’s Jurisdiction Under Article 226

Judicial Review of Court Martial Proceedings: The High Court, under Article 226, can review Court Martial proceedings if there is a denial of fundamen...

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Bail Granted Considering Reformative Approach in Light of Applicant’s Young Age Despite Serious Allegations

High Court of Judicature at Bombay emphasized the reformative theory of punishment while granting bail to the accused involved in serious offences und...

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Supreme Court Replaces Death Penalty with 25 Years Rigorous Imprisonment in Child Murder Case. Balancing Justice and Reformation in the "Rarest of Rare" Principle.

This judgment addresses the brutal murder and sexual assault of a four-year-old child. The appellant's conviction under IPC Sections 302, 364, 377, an...

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Acquittal in a Sensitive POCSO Case: Evidence and Procedure Questioned. Presumption under POCSO rebutted due to foundational gaps in evidence.

1. Background: The appellant, Sikandar Somsingh Chavhan, was convicted for rape under Section 376(2)(l) IPC and Sections 3, 4, 5(k), and 6 of the POC...

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"Nagpur High Court Affirms Trial of Juvenile as Adult in Heinous Crime" "Balancing Juvenile Justice Act safeguards with the gravity of the offense and the evidence presented."

The Nagpur Bench of the Bombay High Court upheld the decision of the Juvenile Justice Board (JJB) and the Additional Sessions Judge to try Mustafa Kha...

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"Supreme Court Addresses Child Marriage: A Call for Stronger Enforcement and Protection of Minors" "The apex court reaffirms the nation's commitment to ending child marriage through enhanced legal measures and societal reforms."

The Supreme Court of India in its 2024 judgment, under Chief Justice Dr. Dhananjaya Y Chandrachud, addressed the persistent issue of child marriages i...

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Bail Granted on Grounds of Long Incarceration with Stringent Conditions. High Court Grants Bail After Considering Delay in Trial and Applicant's Young Age

The High Court granted bail to the applicant, considering the long period of incarceration without substantial progress in the trial. Despite oppositi...