Court : Karnataka Dharwad
..... pronouncement this day, the court made the following:- order the petitioner is before this court calling in question an order dated 19-01-2017 passed by the principal senior civil judge and cjm, ballari in j.c.no.25 of 2016 for offences punishable under sections 376 and 506 of the ipc r/w section 4 of the protection of children from sexual offices act, 2012 ( pocso act for short). 32. ..... at that point in time, the petitioner has filed the subject writ petition on the ground that the act of the board in sending the petitioner to child court and not trying him as a juvenile is contrary to section 25 of the juvenile justice (care and protection of children) act, 2015 ( the act for short) and is seeking quashment of entire proceedings, which according to the learned counsel for the petitioner is wholly without jurisdiction. 55. ..... ossification centres for the distal ends of radius and ulna consistent with present study vide article a study of wrist ossification for age estimation in paediatric group in central rajasthan by dr ashutosh srivastav, senior demonstrator and a team of other doctors, journal of indian academy of forensic medicine (jiafm), 2004; 26(4). ..... at this juncture, we may usefully refer to an article a study of wrist ossification for age estimation in paediatric group in central rajasthan , which reads as under: there are various criteria for age determination of an individual, of which eruption of teeth and ossification activities of bones are important. .....
Tag this Judgment!Court : Karnataka Dharwad
..... , for short) and sought quashing the order dated 19.04.2018 taking cognizance of the offence under section 23 of the protection of children from sexual offences act, 2012, (hereinafter referred to as the pocso act , 3 for short) in spl.case no.25/2018 pending on the file of the learned additional district and sessions judge, ftsc-i, u.k. ..... of the case are that the siddapur police filed a charge-sheet in siddapur ps crime no.203/2017 stating that the petitioners being the editor and reporter of the karavali munjau newspaper, published a news reporting sexual harassment of a girl aged 16 4 years by one sunil mahadev naik by disclosing the identity of the victim and committed an offence punishable under section 23 of the pocso act. ..... the special court took cognizance of the offence under section 23 of pocso act and the petitioners filed an application seeking discharge contending that the offence alleged is punishable with maximum punishment of imprisonment for one year and therefore, the offence is non-cognizable offence as per the provisions of cr.p.c. ..... he further contended that the punishment provided for offence under section 23 of pocso act is less than three years and as per the first schedule of cr.p.c. ..... state reported in 2016 scc online del 5378 wherein while considering the bail application, it is held that that the 7 offence under section 12 of pocso act is held to be cognizable and non-bailable.6. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the judgment and order of acquittal dated 01.01.2019 passed in special case no.110/2016 on the file of the i additional district and sessions judge, ballari ( trial court for short), acquitting the accused for the offences punishable under section 376 of ipc, sections 4 and 6 of the protection of children from sexual offences act, 2012 ( pocso act for short) and section 3(1)(xii), 3(2)(v) of the scheduled caste and scheduled tribe (prevention of atrocities) act, 1989.2. ..... the intention of the legislation in bringing out a special act to protect the interest of the child from sexual assault is very clear that the interest of the child should be paramount and the child should not be mishandled by - 22 - crl.a no.100187 of 2020 anybody in the context of sexual assault. ..... district and sessions judge, ballari in special case no.110/2016 and to convict the respondents / accused for the offences punishable under sections376of ipc, u/s4 6 and8of pocso act, 2012, u/s31) (xii), 3(2) (v) of sc/st (poa) act1989 this appeal having been heard and reserved for judgment on1304.2023, coming on for pronouncement of judgment this day, t.g.shivashankare gowda. ..... as we noticed from the impugned judgment, there is no reference that the trial court recorded any reason that the offence under section 8 of the pocso act has been established or not.39. .....
Tag this Judgment!Court : Karnataka Dharwad
..... of mundaragi has charge sheeted the accused for the offences punishable under sections 363, 342, 343, 376(i) and 506 of indian penal code, 1860 (hereinafter referred to as ipc for short) and sections 4 and 5(l) of the protection of children from sexual offices act, 2012 (hereinafter referred to as pocso act , for short). ..... under such circumstances, the appeal filed by the state requires to be allowed and the sentence so far as it relates to the offence under section 376(i) of ipc and under section 5(l) read with 23 section 6 of pocso act needs to be altered by enhancing it from 7 years to 10 years as no other special reasons are forthcoming to enhance it to life imprisonment. ..... he would contend that though the learned special judge has convicted the accused for the offence punishable under section 5(l) of pocso act, he has not imposed minimum sentence prescribed under the statute but imposed only 7 years of imprisonment which is against the statutory mandate. ..... section 4 of pocso act deals with penetrative sexual assault and since section 5 is more grave, offence under section 4 merges with sections 5 and 6.14. ..... ramappa hubballi, ctp no.4255, central prison dharwad, do hereby submits and prays as under. .....
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