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Yousef vs Kerala State
Kerala
Jun-07-2024
Criminal
Penal Code (IPC) and Section 3(a) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).2. Prosecution case in brief is as follows: Accused who got acquainted with the minor prosecutrix through … sentence was awarded by the trial court for the offence under Section 376(1) IPC in view of the Section 42 of the POCSO Act.6. Heard the learned counsel for the accused and the learned Public Prosecutor.7. The learned … Ext.P11 report was filed before the court to add Sections 366 and 376 IPC and Section 3(a) of the POCSO Act. After Crl.A.No.370 of 2017 4 investigation, the Investigating Officer filed final report against the accused for the offences
Tag this Judgment! AI Brief & AskGyanendra Singh @ Raja Singh versus State of U.P.
Supreme Court of India
Mar-07-2025
Criminal
[2025]3S.C.R.490
- Under s.42, POCSO Act, when the alleged acts or omissions constitute offence both under the IPC and the POCSO Act then, the law which prescribes the punishment of greater degree would have to be applied - s.42 and … or whether the provisions of the Special law, i.e., Section 42A of Protection of Children from Sexual Offences Act, 2012, would prevail thereby, vitiating the sentence awarded to the appellant for the offences punishable under Sections 376(2) (f)
Tag this Judgment! AI Brief & AskState of Karnataka by vs Gireesh
Karnataka
Feb-09-2024
Act and there is no need to punish accused No.1 under Section 376 of IPC as provided under Section 42 of POCSO Act. Hence, though charge is framed under Section 376 of IPC, but no need to punish … and she was a minor and she comes under the definition of “child” as per the provisions of POCSO Act 2012.46. In this case, PWs-1, 2, 11, 12, and 15 arematerial witnesses. Other witnesses, who are related to the
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
State Of Karnataka By Vs. Gireesh
Karnataka
Feb-09-2024
Land Acquisition
Act and there is no need to punish accused No.1 under Section 376 of IPC as provided under Section 42 of POCSO Act. Hence, though charge is framed under Section 376 of IPC, but no need to punish … and she was a minor and she comes under the definition of “child” as per the provisions of POCSO Act 2012.46. In this case, PWs-1, 2, 11, 12, and 15 are material witnesses. Other witnesses, who are related to
Tag this Judgment! AI Brief & AskVasu V.B., S/O.Balan, C.No.163/16 vs State of Kerala
Kerala
Mar-30-2023
prosecution. According to her the inordinate delay occurred being unexplained, credence cannot be given to the prosecution case.10. POCSO Act, 2012 came into force only on 14.11.2012 and the incident was allegedly occurred in the month of August2012. According … not awarded for the offence under 376 (1) IPC though he was convicted thereunder, invoking the power under Section 42 of POCSO Act. He was sentenced to undergo rigorous imprisonment for 3 years for the offence under Section
Tag this Judgment! AI Brief & AskGaya Prasad Pal @ Mukesh vs.state
Delhi
Dec-09-2016
Land Acquisition
the punishment it was awarding, further directed as under :-"―COMPENSATION U/SEC. 7 POCSO RULES, 2012 Section 33(8) of POCSO Act, 2012 provides that in appropriate cases, compensation may be prescribed to the child. Rule 7(2) of POCSO Rules, 2012 … to Section 71 IPC), second, under Section 222 Cr.P.C and, the third, more apt for present context, under section 42 of POCSO Act, which we consider hereafter. Crl. A. No.538/2016 Page 29 of 72 51. Section 71 IPC
Tag this Judgment! AI Brief & AskVeerabhadra vs State by Women Police Station
Karnataka
Apr-01-2026
punishable under Section 376 of IPC as well as Section 6 of the POCSO Act. In view of Section 42 of the POCSO Act, the accused was sentenced under Section 6 of the POCSO Act.9. Assailing the impugned … of fine, to undergo -3- simple imprisonment for two years, for the offence punishable under Section 6 of the POCSO Act.3. Heard the learned counsel for appellant, learned Addl. SPP for the State and learned counsel appearing for the … punishable under Section 376 of IPC and Section 6 of POCSO Act, 2012.2. The accused has been sentenced to undergo rigorous imprisonment for life and
Tag this Judgment! AI Brief & AskK.Govindan, vs State of Kerala,
Kerala
Aug-24-2020
4 and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act).3. On the accused pleading not guilty of the charges, the prosecution examined 13 witnesses on its side as … not imposed on -4- the accused for the offence punishable under the POCSO Act, in the light of Section 42 of the POCSO Act. As noted, the accused is aggrieved by his conviction and sentence.5. Heard the learned
Tag this Judgment! AI Brief & AskRamesh vs State of Kerala
Kerala
Jun-09-2020
Code (the IPC) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act).3. On the accused pleading not guilty of the charges, the prosecution examined 19 witnesses as PWs.1 to 19 … fine, to undergo rigorous imprisonment for six months under Section 376(2) of the IPC. In the light of Section 42 of the POCSO Act, no separate sentence was imposed on the first accused for the offencesCrl.Appeal No.633 of
Tag this Judgment! AI Brief & AskXXX vs State of Kerala
Kerala
Jan-22-2024
Sections 5(j) (ii), 5(l) and 5(n) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and sentenced for the offences punishable under Sections 376(2)(f), 376(2)(i) and 376(2)(n) IPC and Section 5(j)(ii) … though the accused was found guilty of the offences aforesaid, in the light of the provision contained in Section 42 of the POCSO Act, he was sentenced only for the offences punishable under Sections 376(2)(f), 376(2)(i) and 376(2)(n) … the offences punishable under Sections 376(2)(f), 376(2)(i) and 376(2)(n) IPC and Section 5(j)(ii) read with Section 6 of the POCSO Act challenges in this appeal, his conviction and sentence in the said case.2. The accused is none other than
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