Court : Supreme Court of India
..... the pivotal issue that emanates for consideration in these appeals, by special leave, pertains to interpretation of section 2(d) of the protection of children from sexual offences act, 2012 (for short, the pocso act ), and the primary argument of the learned counsel for the appellant is that the definition in section 2(d) that defines child to mean any person below the age of 18 2 years, should engulf and embrace, in its connotative expanse, the mental age of a person or the age determined by the prevalent science pertaining to psychiatry so that a ..... part e deals with sexual harassment and punishment therefor. ..... section 45 empowers the central government to make rules for carrying out the purposes of the pocso act. ..... (6) nothing in these rules shall prevent a child or his parent or guardian or any other person in whom the child has trust and confidence from submitting an application for seeking 28 relief under any other rules or scheme of the central government or state government. 25. ..... range of competencies among these individuals, the central government 163 seeks to set up a national trust to be known as a national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disability. ..... (1) every state government in co ordination with the central government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. .....
Tag this Judgment!Court : Chennai
..... stood charged for offences under sections 376(f)(g), 324 and 506(i) of ipc and sections 5(g) and 6 of the protection of children from sexual offences act, 2012 [in short, the pocso act ]. ..... on intimation from the hospital, on 17.01.2012, p.w.21, the inspector of police, all women police station, thiyagaraya nagar, went to the hospital, recorded a statement from p.w.1 and on returning to the police station, she registered a case in crime no.2 of 2013 under sections 324, 354, 376, 511, 506(ii) of ipc and sections 7 r/w 8 of the protection of children from sexual offences act, 2012 against the accused and the juvenile accused-m.mohammed ..... and sentences imposed on the appellant by the trial court are set aside and he is acquitted from the charges under section 324 of ipc and sections 5(g) and 6 of the protection of children from sexual offences act, 2012 also. ..... court, by judgement dated 22.12.2014, convicted the accused under section 5(g) and 6 of the protection of children from sexual offences act, 2012 and under section 324 of ipc. ..... even to raise the presumption under section 29 of the pocso act, 2012, there are no fundamental facts available to give a rise to ..... for the offence under section 324 of ipc, the trial court sentenced the accused to undergo rigorous imprisonment for two years and for the offence under section 5(g) and 6 of the pocso act sentenced him to undergo imprisonment for ..... court, however, acquitted the accused from the charge under sections 376(f)(g) and 506(i)of ipc. .....
Tag this Judgment!Court : Madhya Pradesh
..... this criminal appeal under section 374 (2) of the code of criminal procedure, 1973 has been preferred against the judgment dated 31.12.2013 passed by shri r.g.singh, additional sessions judge, dindori, in sessions trial no.89 of 2013, whereby the learned additional sessions judge has convicted appellant chaitu singh under section 376(2)(f) of the indian penal code and section 4 of the protection of children from sexual offences act, 2012 and for each offence has imposed imprisonment for life and a fine in the sum of ..... the appellant is altered from one under sections 376(2)(f) of the indian penal code and 4 of the protection of children from sexual offences act, 2012 to one under section 8 of protection of children from sexual offences act, 2012. 22. ..... trial court erred in convicting the appellant chaitu singh under section 376(2)(f) of the indian penal code and section 4 of the protection of children from sexual offences act, 2012. ..... prosecution has been able to prove the offence of sexual assault defined under section 7 of the protection of children from sexual offences act, which is punishable under section 8 thereof, beyond reasonable doubt. 21. ..... foundation of aforesaid facts, no offence punishable either under section 376 of the indian penal code [rape] or under section 4 of the protection of children from sexual offences act [penetrative sexual assault] or an attempt at any of those offences is made out. ..... bhagwati bai worked as a peon in gorakhpur branch of central bank of india. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the present bail application has been filed under section 439 cr.p.c.the petitioner has been arrested in connection with fir no.122/2013, p.s.mahila thana (west) jodhpur for the offence under sections 342, 376, 354-a, 506, 509/34 of the ipc, sections 23 & 26 of the juvenile justice (care and protection of children) act, 2000 and under section 8 of the protection of children from sexual offences act, 2012. ..... as above falls within the definition of 'penetrative sexual assault' provided under [ 15 ].section 3a of the chapter-ii of the protection of children from sexual offences act, 2012 as well as the definition of 'rape' provided in section 375(a) under the amended act of 2013. ..... reliance was placed on the judgment rendered by hon'ble the apex court in the case of sanjay chandra versus central bureau of investigation, reported in (2012).supreme court cases 40 to contend that every man is deemed to be innocent until dully tried or duly found guilty and that refusal of bail is restriction on the personal liberty of the individual guaranteed under article 21 of the constitution ..... as per the judgment rendered by hon'ble the apex court in the case of sanjay chandra versus central bureau of investigation (supra) in determining whether the grant of bail should be granted or not, both the seriousness of the charge and the severity of the punishment should be taken into consideration. ..... made by the prosecutrix against the [ 18 ].petitioner are serious and punishable with life imprisonment. .....
Tag this Judgment!Court : Punjab and Haryana
..... passed by this court on 8.1.2013, the final report under section 173 of the code of criminal procedure in case fir no.96 dated 27.11.2012 under sections 328/ 363/ 366-a/ 376/ 120-b/ 217, 218/ 201 of the indian penal code and section 4 of the protection of children from sexual offences act, 2012, p.s.ghagga and case fir no.187 of 2012 under sections 306/ 217/ 218/ 34/ 120-b of the indian penal code, p.s.city samana have been presented before the illaqa magistrate on 17.1. ..... that apart, this court has been apprised that decisions had also been taken by the state of punjab to depute pcr vans for patrolling around educational institutions and other public places and a proposal to instal cctv cameras at all public places was in the pipeline ..... growing menace of crimes committed against women in the nature of rape, eve-teasing, sexual harassment and in its other myriad forms require immediate and urgent action. ..... )states of punjab and haryana may also consider legislating on the issue of eve-teasing on the pattern of prohibition of eve-teasing act, 1998 in the state of tamil naidu wherein eve-teasing is a non-bailable offence with maximum punishment of rigorous imprisonment upto ten years and a fine of `50,000/-. ..... further, the sub inspector concerned, namely, nasib singh had already been proceeded against and dismissed from service and being an accused in both the firs had been lodged in central jail, patiala. ..... was further deposed that all the accused stand lodged in central jail, patiala. .....
Tag this Judgment!Court : Delhi
..... above-mentioned other cases involved allegations, inter alia, of the offence of rape or of penetrative sexual assault (or its attempt) punishable under protection of children from sexual offences act, 2012 (pocso act). ..... (number not given), arising out of fir no.1601/2015 of police station seema puri, leading to the judgment of acquittal dated 04.02.2019 rendered by additional sessions judge-02 (special fast track court) for shahdara district, the accused was put on trial on charge for offences punishable under sections 376, 506, 313, 406 ipc, the prosecutrix having been described as a receptionist in a clinic, she allegedly having been approached by the accused during his visits at her workplace. ..... appeal no.187/2018 page 14 of 67 29.11.2018 of special secretary, delhi state legal services authority (dslsa) came on record whereby the court was informed that the secretary of the central dlsa had communicated that final compensation of rupees three lakhs had been paid to the prosecutrix in terms of the order dated 20.02.2018 of victim compensation committee, such amount having been transferred ..... of the aforesaid judgment, an enquiry was conducted by the secretary, dlsa (central) as per section 357a(5) of the code of criminal procedure, 1973 ( cr.pc ). ..... (1) every state government in co-ordination with the central government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime .....
Tag this Judgment!Court : Chennai
..... remand request made for offences u/s.376, 366(a).506(ii) i.p.c.and 4, 8 of protection of children from sexual harassment act & 67 of it act. ..... hence a1-a5 remanded u/s.376, 366(a).506(ii) ipc & 4, 8 of prevention of children from sexual offences act and 67 of i.t.act r/w s.149 ipc a1-a5 remanded to judicial custody till 12/7/2013 a2 to be kept in tn borstal school.". ..... , 4 and 8 of protection of children sexual offences act and 67 of information technology act 3. ..... 6.for appreciating the contentions raised by the learned counsel for the petitioner, para 5 of the grounds of detention is extracted below: ".5.i am aware that thiru.saranraj was produced before the judicial magistrate, gudiyatham on 30.06.2013 in gudiyatham town police station ground case cr.no.506/2013 for offences under sections 341, 294(b).392, 427, 506(ii) ipc, advers.cases cr.no.08/2013 for the offence under sections 376, 366(a).506(ii) ipc, 4, 8 of protection of children sexual offences act and sec. ..... 67 of information technology act and was remanded to judicial custody and lodged at central prison, vellore as remand prisoner till 12.07.2013. ..... quash the same as illegal and consequently direct the respondents herein to produce the said petitioner's son namely saranraj, son of c.nagaraj, aged 22 years before this court and set the petitioner's son at liberty from detention, now petitioner's son detained at central prison, vellore. ..... 3.the superintendent, central prison, vellore. .....
Tag this Judgment!Court : Karnataka
..... judgment the accused has stood convicted for the offences punishable under sections 376 (2) (i)(n) and 506 of indian penal code ( ipc for short), and section 6 of the protection of children from sexual offences act ( pocso act for short) and sentenced to life under section 6 of the - 3 - ..... section 94 of the juvenile justice (care and protection of children) act [ jj act for ..... any offence under this act is committed by a child, such child shall be dealt with under the provisions of the juvenile justice (care and protection of children) act, 2015 ..... court for the offence under section 6 of the pocso act is modified, he is sentenced to rigorous imprisonment for 10 years and fine of rs.25,000/- and in default to pay fine he shall undergo simple imprisonment for one ..... khc:21233-db crl.a no.1247 of 2018 consideration is that the concerned court has to determine the age by considering the following documents: (i) the date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned examination board, if available; and in the absence thereof; (ii) the birth certificate given by a corporation or a municipal authority or a panchayat; (iii) and only in the absence of (i) and (ii) above, age shall be determined ..... and the hon'ble mr justice c m joshi criminal appeal no.1247 of2018between: manikanta @ puli s/o shanmugam, aged about 21 years, coolie work, r/o hirekolale village, chikkamagaluru taluk, (now in judicial custody, central prison) appellant (by sri. .....
Tag this Judgment!Court : Delhi
..... the present appeal is directed against the judgment dated 24th april, 2018 passed by the learned additional sessions judge-05 (central), tis hazari courts, delhi in sc no.28195/2016 arising out of fir no.15/2014 registered at ps bara hindu rao, delhi, convicting the appellant for the offences punishable under sections 376(2) (i) and (m), 363, and 325 ipc and section 6 of the protection of children from sexual offences act, 2012 ( pocso act ).2. ..... and his penis into her vagina and also caused grievous bodily injury while committing rape upon her and thereby committed an offence punishable under clauses (i) and (m) of section 376(2) ipc; thirdly, he caused her grievous injury thereby committing an offence punishable under section 326 ipc and fourthly he committed aggravated penetrative sexual assault by inserting his finger into the anus of victim aged about 8 years and his penis into her vagina and thereby committed ..... however, he was convicted for the offence punishable under section 325 ipc and sentenced as noticed hereinbefore for that offence as well as the offences punishable under sections 363 and 376(2) (i) and (m) ipc and section 6 pocso act. ..... (d) for the offence punishable under section 6 pocso act, to undergo ri for life in addition to payment of fine of rs.2500/-, and in default of payment of fine, to undergo si for 03 years. .....
Tag this Judgment!Court : Chennai
..... according to the petitioner/appellant/accused, he was convicted and sentenced to undergo 10 years rigorous imprisonment in respect of the offence under section 6 of the protection of children from sexual offences act and also, was directed to pay a fine of rs.5000/-, in default of payment of the said fine amount, he was further directed to undergo 6 months rigorous imprisonment by the learned sessions judge, magalir neethimandram, chennai in s.c.no.106 of 2015 ..... on a careful consideration of respective contentions and this court taking note of the fact that the petitioner had assigned reasons to the effect that since he was detained in central prison, puzhal and could not immediately mobilise funds to prefer the present criminal appeal before this court , at this stage, this court simplicter, by taking a lenient and liberal view overriding technicalities or hyper ..... the learned counsel for the petitioner/appellant/accused submits that the petitioner/accused was detained in central prison, puzhal and could not immediately mobilise funds to prefer the instant criminal appeal before this court as against the judgment dated 22.02.2016 in s.c.no.106 of 2015 and hence, there had occasioned a delay of ..... per contra, it is the contention of the learned additional public prosecutor for the respondent/complainant that the reason mentioned by the petitioner/appellant/accused to the effect that he could not mobilise funds to prefer the present criminal appeal before this court is not a bona- .....
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