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 17.1.2013. ..... this court was further apprised that guidelines/directions had been issued on 28.12.2012 and 31.12.2012 by the office of dgp, punjab pertaining to (i) improving police response to sexual assaults, sexual violence and abduction of women (ii) proper and regular monitoring and prompt and effective investigation of offences against women and children and (iii) fair, transparent and expeditious investigation into allegations of sexual assault on women and children.10. ..... it clearly emerged from the status report that after the commission of the gruesome offence on 13.11.2012 and the police having been approached on 14.11.2012, the fir was registered after a delay of 13 days. ..... still 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. ..... it was further deposed that all the accused stand lodged in central jail, patiala. .....
Tag this Judgment!Court : Supreme Court of India
..... appropriate action against the officers of the delhi and haryana police by way of departmental proceedings for their refusal/failure to register the fir under the aforesaid sections of the indian penal code as well as the provisions of the protection of children from sexual offences act, 2012 (hereinafter referred to as the pocso act ) has also been prayed for.2. ..... the petitioner alleges that despite her medical examination by the doctor on 10.11.2013, a copy of the report of medical examination was not furnished to her; neither was any fir under section 376- d of the indian penal code or the provisions of the pocso act registered against the accused persons who have been named in para 18 of the writ petition. ..... it is also submitted that charges have been framed by the trial court against the accused inter alia under section 376-d ipc and section 4/6 of the pocso act; in fact, according to the learned counsel, the trial has also commenced in the meantime.8. ..... this writ application under article 32 of the constitution seeks directions from the court for registration of first information report under sections 376-c, 376-d, 376(2)(n) of the indian penal code; for the arrest of the accused and for their prosecution after investigation of the case by the central bureau of investigation. ..... non-reportable in the supreme court of india criminal original jurisdiction writ petition (criminal) no.211 of2013nishu ... .....
Tag this Judgment!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 ..... it is, therefore, proposed to enact a self contained comprehensive legislation inter alia to provide for protection of children from the offences of sexual assault, sexual harassment and pornography with due regard for safeguarding the interest and well being of the child at every stage of the judicial process incorporating child friendly procedures for reporting, recording of evidence, investigation and trial of offences and provision for establishment of special courts for speedy trial of such offences.5. ..6. ..7. .. 17. ..... section 45 empowers the central government to make rules for carrying out the purposes of the pocso act. ..... (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 : Delhi
..... appellant herein for the offence punishable under section 366, 377 of the indian penal code, 1860, and section 6 of the protection of children from sexual offences act, 2012 in as much as section 377 of the indian penal code, 1860, penalizes the commission of carnal intercourse against the order of nature whereas, the penetrative sexual assault described under section 3(a) of the protection of children from sexual offences act, 2012 referred to hereinabove only describes the modes through which such penetrative sexual assault can be made ..... copy of this judgment be also sent to the principal secretary, delhi state legal services authority, sand be also sent to the superintendent, central jail, tihar, for being handed over and explained to the appellant, the director general, prisons, delhi and to the secretary, law, justice and legislative affairs, gnctd, delhi to ensure compliance of the above ..... instant case, the prosecution version set forth in the police report under section 173 of the cr.p.c. ..... kumar, the investigating officer of the case was examined as pw-9, who corroborated the prosecution version set forth in the police report under section 173 of the cr.p.c. ..... the police report under section 173 of ..... the appellant has also placed reliance on the fsl report dated 30.09.2014 bearing no.2013/dna-9333/13658 to contend that as per the biological ..... furthermore, it is directed that a bi-annual report is submitted by the superintendent, tihar jail, new delhi to this court till the .....
Tag this Judgment!Court : Supreme Court of India
..... ) by which the high court allowed the petition and thereby quashed the chargesheet dated 19.09.2023 filed for the offences punishable under section 67b of the information technology act, 2000 (for short, the it act ) and section 15(1) of the protection of children from sexual offences act, 2012 (for short, the pocso ) arising out of the fir no.03 of 2020, p.s. ..... rule 11 of the protection of children from sexual offences rules, 2020 (for short, the pocso rules ), places an obligation on the intermediaries to not only report offences under pocso but also to hand over the necessary material including the source from which such material may have originated to the special juvenile police unit or the local police, or the cyber-crime portal. ..... it is, therefore, proposed to enact a self-contained comprehensive legislation inter-alia to provide for protection of children from the sexual offences and pornography with due regard for safeguarding the interest and well being of the child at every stage of the judicial process, incorporating child friendly procedures for reporting, recording of evidence, investigation and trial of offences and provision for establishment of special courts for speedy trial of such offences. ..... it also empowers the central government to make rules for the manner of deleting or destroying or reporting about pornographic material in any form involving a child to the designated authority.6. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... reportable 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. ..... the allegation 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 of ..... even 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. .....
Tag this Judgment!Court : Madhya Pradesh
..... 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. ..... 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 rs. ..... learned 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. ..... the 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. ..... is no mention of penetration of any part of appellant's body in the vagina of the prosecutrix, either in the first information report or in the police statements of bhagwati bai or savita. ..... grandmother bhagwati bai worked as a peon in gorakhpur branch of central bank of india. .....
Tag this Judgment!Court : Delhi
..... six of the 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). ..... 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 into the bank ..... the appellant was brought to trial in the court of sessions (case no.28940/2016) in the wake of report (charge-sheet) under section 173 of the code of criminal procedure, 1973 (cr.pc) dated 23.08.2016 submitted by the station house officer (sho) of police station pahar ganj upon conclusion of investigation into first crl. ..... , fir no.172/2016 of police station lahori gate) it has been reported that the district victim compensation committee of central district, by its order dated 18.09.2018, decided to award compensation of rs. .....
Tag this Judgment!Court : Karnataka
..... this criminal appeal coming on for hearing this day, the court delivered the following:- judgment appellant before this court is convicted for the offences punishable under section 376 of ipc and section 4 of the protection of children from sexual offences act, 2012 (hereinafter referred to as pocso act ). ..... evidence in my view at the most would make out the ingredients of the offence of sexual assault as defined under section 7 of pocso act and therefore, on ultimate analysis of the entire material on record, i am of the view that based on the evidence produced by the prosecution, the accused is liable to be convicted for the minor offence under section 7 punishable under section 8 of the pocso act. ..... justice john michael cunha criminal appeal no.845 of2017between: sri g s venkatesh s/o narayanaswamy aged23years r/at gundlahalli village murugamalla chintamani - 563125 now house of j c central prison parappana agrahara bengaluru - 560100 ...appellant (by sri: s balakrishnan, advocate) and: the state of karnataka chikkaballapura police circle chikkaballapura rep by spp high court of karnataka bangalore - 560001 ...respondent (by smt: k.p.yashodha, hcgp) this crl.a is ..... fsl report ex.p8 was obtained and on ascertaining that pw.5 was the victim of penetrative sexual assault, charge sheet was laid before the ..... even the fsl report (ex.p8 ) does not support the case of the ..... even the fsl report is contrary to the ocular testimony of the ..... (iv) fsl report ex.p8 (v) spot mahazar ex.p15 .....
Tag this Judgment!Court : Karnataka
..... the complaint becomes an fir in crime no.13/2017 for offences punishable under sections 506, 498a, 323, 377 of the indian penal code ( ipc for short) and section 10 of the protection of children from sexual offences act, 2012 ( pocso act for short).3. ..... in south africa, the 2007 criminal law (sexual offences and related matters) amendment act ( sexual offences act ) provides, at s. ..... while filing the charge sheet, the offences punishable under sections 498a, 354, 376, 506 of the ipc and sections 5(m) and (l) r/w section 6 of the pocso act, 2012, are 9 invoked. ..... we are of the view that since sub-section (3) of section 4 of the act authorizes a special judge to try any offence other than an offence specified in section 3 of the act to which the provisions of section 220 apply, there is no reason why the provisions of section 223 of the code should not apply to such a case. ..... (iii) fir that was registered was for offence punishable under section 377 of the ipc while the police filed their final report/charge sheet invoking section 376 and the learned sessions judge takes cognizance of the offence. ..... , smt.namitha mahesh, learned additional government advocate representing respondent no.1-state, sri sri.a.d.ramananda, learned counsel appearing for the complainant-wife, sri.shanthi bhushan, learned assistant solicitor general of india representing the central government. .....
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