Court : Delhi
..... the 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 i.e. ..... and thus the necessary presumption under sections 29 & 30 of the protection of children from sexual offences act, 2012 both in relation to the commission of the offence of aggravated penetrative sexual assault on the minor child (x) i.e. ..... 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 directions.40. ..... the nominal roll was called for from the superintendent central jail, tihar, new delhi which has been received and indicates that as on 29.01.2019, the appellant had undergone one year, 5 months and 3 days of incarceration and had to undergo 8 years 3 months and 27 days of incarceration in .....
Tag this Judgment!Court : Delhi
..... 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. ..... 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 ..... charge against the appellant is that on 2nd february, 2014 between 6.30 to 7 pm, he kidnapped the victim (pw-4), aged about 8 years, while she was playing with her younger sisters and thereby committed an offence punishable under section 363 ipc; secondly, between 6.30 pm to 9 pm on crl.a.663/2018 page 2 of 14 2nd february 2014 at the bonta park, kamla nehru ridge, he committed rape upon the victim by inserting ..... as the person who took her away to the park and then committed forcible penetrated sexual assault upon her.21. ..... appellant and described the aggravated sexual assault committed by him on ..... is not merely a physical assault - it is often destructive .....
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 ..... b of the said chapter deals with aggravated penetrative sexual assault and punishment therefor. ..... section 45 empowers the central government to make rules for carrying out the purposes of the pocso act ..... 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 ..... (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 .....
Tag this Judgment!Court : Supreme Court of India
..... as this judgment is being dictated, we notice that a significant amendment has been made to the protection of children from sexual offences act, 2012, vide the protection of children from sexual offences (amendment) bill, 2019 (hereinafter, amendment ) which was passed on 24.07.2019 by the rajya sabha ..... punishment for aggravated penetrative sexual assault ..... whoever commits penetrative sexual assault on a child and attempts to murder the child; originally, the punishment for aggravated penetrative sexual assault was as follows:- ..... (1) whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person, and shall also be liable to fine, or with ..... bachan singh (supra), while accepting validity of the death penalty, had settled as a ratio that imprisonment for life is the normal and preferred punishment for the offences under section 302 of the ipc, and that death penalty, which deprives the accused of his life, is an exception to be imposed only in the rarest of rare cases, when the first option of imposing imprisonment for life is foreclosed and for which special reasons must be recorded. ..... 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 .....
Tag this Judgment!Court : Chennai
..... he 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 kani. ..... the conviction 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. ..... the trial 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 such presumption. ..... so far as the sexual assault is concerned, vaginal swab taken from p.w.12, on scientific examination, had revealed that there was no spermatozoa detected. .....
Tag this Judgment!Court : Madhya Pradesh
..... 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. ..... 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. ..... 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. ..... 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 ..... bhagwati bai worked as a peon in gorakhpur branch of central bank of india. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... 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. ..... 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. ..... at p.45 said : ..we recommend that detention upon arrest for an offence should continue only on one or more of the following criteria : (a) the person's unwillingness to identify himself so that a summons may be served upon him; (b) the need to prevent the continuation or repetition of that offence; (c) the need to protect the arrested person himself or other persons or property; (d) the need to secure or preserve evidence of or relating to that offence or to obtain such evidence from the suspect by questioning him; and (e) the likelihood ..... 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 : 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. ..... vii)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/-. ..... such helpline to facilitate excess to a sexual assault response team to be specifically set up for such purpose. ..... 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 : 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. .....
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