Court : Delhi
..... ps2 it appears that a practice which is being followed at the pre- trial stages in delhi in cases under the protection of children from sexual offences act, 2012 ( pocso act or the act hereafter). ..... section 45 of the pocso act, the central government has notified the protection of children from sexual offences rules, 2012. ..... the principal laws relevant for examination of the reference in the present case would be the protection of children from criminal reference no.2 of 2016 page 4 of 40 sexual offences act, 2012 ( pocso act hereafter) and the protection of children from sexual offences rules, 2012 ( pocso rules hereafter) framed thereunder as well as the juvenile justice (care and protection of children) act, 2015 ( j.j.act hereafter).4. ..... unfortunately, we have been unable to evolve any guidelines with regard to investigation and prosecution of cases of child sexual abuse which are the subject matter of pocso act, 2012, though the central government has suggested the following in the pocso model guidelines : the dynamics of child sexual abuse are such that often, children rarely disclose sexual abuse immediately after the event. ..... juvenile justice board conducts inquiry into the offences committed by children in conflict with law in accordance with the procedure laid down in juvenile justice (care and protection of children) act, 2015. ..... there is even more stringent requirement in section 99 of the juvenile justice (care and protection of children) act, 2015 which reads as follows : .....
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. ..... 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. ..... in this petition, directions had been sought that appropriate legal action be taken against the offence under section 376 of the indian penal code in terms of registering the fir without any delay. ..... 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
..... 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 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 ..... 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 ..... 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 .....
Tag this Judgment!Court : Punjab and Haryana
..... prayer in this application is for suspension of sentence of the applicant/appellant, mandeep singh, who was held guilty for the offences punishable under section 8 of the protection of children from sexual offences act, 2012, and sections 452 and 506, ipc, and ordered to undergo the following sentences:- under section sentence (ri) fine in default (ri) 8 posco act,2012 three years ` 10,000/- one year 452, ipc two years ` 2000/- two months 506, ipc one year ` 1000/- two months all the substantive sentences were ordered ..... learned counsel for the state has produced the affidavit of the deputy superintendent, central jail, patiala, showing the sharma seema 2014.02.28 17:23 i attest to the accuracy and integrity of this document chandigarh criminal misc. ..... as per the affidavit of the deputy superintendent, central jail, patiala, the applicant/appellant is neither required nor involved in any other case. .....
Tag this Judgment!Court : Delhi
..... he also refers to certain domestic problems suffered by him wherein his younger daughter was subjected to an offence under section 6 of the protection of children from sexual offences act, 2012, it having become subject matter of fir no.27.2019 of mahila police station, faridabad. ..... pc) submitted upon conclusion of investigation into first information report (no.168/2001) of police station parliament street involving offences punishable under sections 121, 121a, 122, 123 of the indian penal code, 1860 and sections 3,4 & 5 of explosive substances act, 1908. ..... no.887/2002 page 1 of 4 sessions by judgment dated 02.09.2002 for the offence under sections 4(a) and (b) of explosive substances act, 1908. ..... it is noted that as per the nominal roll dated 24.07.2019 sent by the superintendent, central jail-2, the appellant had undergone incarceration for over three years four months and twenty eight days, he having also earned remission for the period for nine months. ..... by order dated 06.09.2002, the trial judge awarded rigorous imprisonment for seven years for the said offences giving the benefit of provision under section 428 cr. pc.2. ..... asgar konshi and gurinderjeet singh) on the basis of report (charge-sheet) under section 173 of the code of criminal procedure, 1973 (cr. ..... the appeal was admitted and directed to be taken up from the list of regulars in due course. .....
Tag this Judgment!Court : Supreme Court of India
..... 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. ..... 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 ..... submitted that offences under the pocso act have been committed against the petitioner in addition to the offence under section 376-d of ..... police, delhi has filed an affidavit stating that inquiries have revealed that initially a fir (319/2013) under sections 363/366a dated 26.10.2013 was registered in police station kalanaur, district rohtak, haryana on the written complaint of ..... 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. ..... 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. .....
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 ..... section 45 empowers the central government to make rules for carrying out the purposes of the pocso act ..... 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 ..... (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 ..... district legal services authority or the state legal services authority is required to decide the quantum of compensation to be awarded under the scheme prepared by the state government in coordination with the central government. .....
Tag this Judgment!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. ..... 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 : 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 : Chennai
..... the said court, after trial, the trial court convicted the accused under section 7 read with section 8 of the protection of children from sexual offences act, 2012 (hereinafter pocso act) and sentenced him 3 years r.i. ..... view of the large scale violence committed upon the children, in 2012, the protection of children from sexual offences act, 2012 (act no.32 of 2012) has been enacted. ..... to impute culpable mental state to the accused, there must be some material for the court to have reason to believe the existence of such a fact (see sections 29 and 30(2) of pocso act, 2012). 23. ..... contains provisions ensuring confidentiality of the victim of the offence, her family details and also conducting of the trial in a child friendly atmosphere and it had also introduced a legal fiction as to the criminal propensity, mental faculty of the accused, through sections 29 and 30(1) of the act. ..... the trial court believed her and construed his act as a sexual assault and thus convicted and sentenced him as stated above. ..... but, in this case, as per pw-2 when again the accused attempted to make her sexual assault on her, unable to put up with the shame, she cried and the accused was ..... in a non-bailable offence in fit cases are being granted by the magistrates under section 437 cr.p.c. ..... evidence of pws-2 and 1 and other witnesses and the complaint, the substratum of the case that the accused on the first occasion had sexually assaulted the victim has been brought out by the prosecution. 26. ..... is a central act. .....
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