Court : Karnataka
..... for protection of child rights (ncpcr) (hereinafter referred to as "the commission') is a statutory body constituted under section 3 of the commission for protection of child rights (cpcr) act, 2005 to protect the child rights and other related matters in the country the commission is further mandated to monitor the proper and effective implementation of protection of children from sexual offences (pocso) act, 2012; juvenile justice (care and protection of children) act, 2015 and right to free and compulsory education (rte) act, 2009 ..... commission shall inspect or cause to be inspected any juvenile custodial home, or any other place of residence or institution meant for children, under the control of the central government or any state government or any other authority, including any institution run by a social organisation, where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary.2. ..... or any other place of residence or institution meant for children, under the control of the central government or any state government or any other authority, including any institution run by a social organisation; where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary; (emphasis supplied) section 13 of the cpcr act thus empowered the petitioner to enter into any home that .....
Tag this Judgment!Court : Karnataka
..... 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 ). ..... 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. ..... evidence of pw.5, even if believed, would not establish the fact that during the occurrence, there was any penetration or insertion or manipulation of her private 33 parts so as to render the accused guilty of the offence of penetrative sexual assault punishable under section 4 of the pocso act or for the offence of rape punishable under section 376 of ipc. ..... 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 .....
Tag this Judgment!Court : Karnataka
..... 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. ..... africa, the 2007 criminal law (sexual offences and related matters) amendment act ( sexual offences act ) provides, at s. ..... 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 ..... officer after recording the statement of the witnesses, statement of the complainant and collecting the evidence from the incident place and after taking statement of the independent witnesses and even statement of the accused persons, has filed the charge-sheet before the learned magistrate for the offences under sections 147, 148, 149, 406, 329 and 386 ipc and even the learned magistrate also took ..... 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. .....
Tag this Judgment!Court : Karnataka
..... 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. ..... africa, the 2007 criminal law (sexual offences and related matters) amendment act ( sexual offences act ) provides, at s. ..... 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 ..... officer after recording the statement of the witnesses, statement of the complainant and collecting the evidence from the incident place and after taking statement of the independent witnesses and even statement of the accused persons, has filed the charge-sheet before the learned magistrate for the offences under sections 147, 148, 149, 406, 329 and 386 ipc and even the learned magistrate also took ..... 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. .....
Tag this Judgment!Court : Karnataka
..... 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. ..... africa, the 2007 criminal law (sexual offences and related matters) amendment act ( sexual offences act ) provides, at s. ..... 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 ..... officer after recording the statement of the witnesses, statement of the complainant and collecting the evidence from the incident place and after taking statement of the independent witnesses and even statement of the accused persons, has filed the charge-sheet before the learned magistrate for the offences under sections 147, 148, 149, 406, 329 and 386 ipc and even the learned magistrate also took ..... 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. .....
Tag this Judgment!Court : Karnataka
..... 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. ..... africa, the 2007 criminal law (sexual offences and related matters) amendment act ( sexual offences act ) provides, at s. ..... 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 ..... officer after recording the statement of the witnesses, statement of the complainant and collecting the evidence from the incident place and after taking statement of the independent witnesses and even statement of the accused persons, has filed the charge-sheet before the learned magistrate for the offences under sections 147, 148, 149, 406, 329 and 386 ipc and even the learned magistrate also took ..... 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. .....
Tag this Judgment!Court : Karnataka
..... 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 - nc:2024 ..... 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 ..... section 94 of the juvenile justice (care and protection of children) act [ jj act ..... 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 ..... sentence imposed by the trial 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 ..... kumar 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 : Karnataka
..... this day, the court made the following:- 3 coram: the hon'ble mr justice m.nagaprasanna cav order the petitioner is before this court calling in question registration of a crime in crime no.209 of 2023 for offences punishable under section 12 of the protection of children from sexual offences act, 2012 ( pocso act for short).2. ..... section 12 of the pocso act makes an offence of the person who would commit sexual ..... learned special state public prosecutor would refute the submissions of the learned senior counsel for the petitioner, to contend that the petitioner has indulged in those acts which would clearly become an offence under section 12 of the pocso act. ..... judge, ftsc-1 (pocso), kolar district, against the petitioner for the offence p/u/s12of pocso act being false erroneous and not sustainable in law and being without jurisdiction ..... i say, for the reason that the petitioner is a teacher; being a teacher it is indecorous on the part of the petitioner to have allegedly shot the videos and taken pictures of girl children at the time when they are changing their dress, the alleged offence is unpardonable, albeit prima facie. ..... crime for offence 8 punishable under section 12 of the pocso act. ..... social welfare department on 15-12-2023 is said to have received a complaint about the petitioner through the control room which then becomes a crime in crime no.209 of 2023 for offence punishable under section 12 of the pocso act. ..... sexual harassment is defined under section 11 of the pocso act .....
Tag this Judgment!Court : Karnataka
..... . he has also produced another document no.2 about the care taken by the central government under the jj act, wherein section 3(v) of the said act empowers the 106 government to take appropriate measures to take care of the children and protection of the children by catering to their development needs and by adopting a child friendly approach in dealing with the matters in the best interest of the children.102 ..... . the competent authority under various enactments as noted above and the police/vigilance department who are empowered may also find that apart from committing the offences under the passports act or under the foreigners act by such illegal migrants, they might have also committed various offences under the various provisions of indian penal laws, in such an eventuality, how they have to be treated and what has to be done by the concerned authorities is the moot ..... " on 9th august 2012, the hon ble supreme court while hearing a public interest litigation petition for deportation of illegal migrants, it was observed that, the policy of the government of india does not support any kind of illegal migration .....
Tag this Judgment!Court : Karnataka
..... it is his contention that the charge sheet so framed against the petitioner for offences punishable under section 3(7) and 7 of the 1988 act is on the face of it is erroneous; offences alleged under section 3(1)(w)(i)(ii) of the atrocities act is imaginary and contrary to facts; offences alleged under section 75 of the 2015 act is erroneously laid; offence under section 5(1) and (6) of the protection of children from sexual offences act is loosely laid and; offences alleged under section 376(2)(n), 376(3), 376(da), 201 506 r/w 34 and 37 of the ipc do not even ..... protection of children from sexual offences act, 2012 ..... charge sheet and the trial court has taken cognizance of the alleged offences which prima facie involve moral turpitude; these offences are punishable under sections 376(2)(n), 376(3) read with section 149 of ipc and sections 17, 5(l) & 6 of pocso act, 2012, is apparent from the prosecution papers. ..... no.181 of 2022 and 182 of 2022 registered for offences punishable under sections 376(2)(n), 376da, 376(3), 201, 506 r/w 34 & 37 of the ipc, section 5(l) & 6 of the pocso act, 2012 ( pocso act for short), section 3(1)(w)(i)(ii), 3(2)(v)(v-a) of the scheduled castes/scheduled tribes (prevention of atrocities) act, 1989 ( the atrocities act for short), section 3(c), 3(f), 3(5) and 7 of the religious institutions (prevention of misuse) act, 1988 ( the 1988 act for short) and section 75 of the juvenile justice (care and protection of children) act, 2015 ( the 2015 act for short). .....
Tag this Judgment!