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Landmark Judgments and Articles on Law

Whether an offence of Sexual assault is made out as per Section 7 of POCSO Act if there is Sexual intent or skin to skin contact?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1410 OF 2021 (@ SPECIAL LEAVE PETITION (CRL) NO. 925 OF 2021) ATTORNEY GENERAL FOR INDIA …. APPELLANT(S) VERSUS SATISH AND ANOTHER …. RESPONDENT(S) WITH CRIMINAL APPEAL NO.1411 OF 2021 (@ SPECIAL LEAVE…

Supreme court: HC to ensure that certified copy of judgment are issued as per Section 76 of Evidence Act

Supreme Court JUSTICE UDAY UMESH LALIT, JUSTICE BELA M. TRIVEDI, JUSTICE S. RAVINDRA BHAT ATTORNEY GENERAL FOR INDIA Vs. SATISH ANR. CRIMINAL APPEAL NO. 1410 OF 2021 18th November 2021 Author: BELA M. TRIVEDI, J. Citation: 2021 ALL SCR (ONLINE) 664 1. Leave granted in all…

Whether court can convict an accused in POCSO case even if DNA test report is negative?

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 933 CRIMINAL APPEAL NO. 111 OF 2020 Dashrath  Hiraman Johare Vs The State of Maharashtra, CORAM : SURENDRA P. TAVADE, J. PRONOUNCED ON : 09-09-2021 Being aggrieved and dissatisfied with the impugned judgment and…

Can the court charge the accused for an offence under POCSO Act if she fails to report to the police about a crime against a child?

THE HIGH COURT OF MADHYA PRADESH Gwalior, Dated: 02.09.2021 Shri Sumit Shrivastava, Counsel for the applicant. Shri N.K. Gupta, Counsel for the State. This criminal revision under Sections 397/401 of Cr.P.C. has been filed against the order dated 10.08.2018 passed by the Special Judge (POCSO…

Whether residual doubt is a mitigating circumstance leading to reduction of sentence of accused?

IN THE HIGH COURT OF KERALA AT ERNAKULAM CRL.A NO. 1208 OF 2016 NARAYANAN KUNJAPPAN Vs STATE OF KERALA PRESENT MR.JUSTICE K.VINOD CHANDRAN MR.JUSTICE ZIYAD RAHMAN A.A. Dated, this the 8th September 2021 Author: Vinod Chandran, J. ‘Gamekeeper turns poacher‘ is how the Hon’ble Supreme Court…

whether accused has Fundamental/Statutory right to appeal against conviction eo instanti?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3214 OF 2021 Pankaj Arjunbhai Koli Vs The State of Maharashtra CORAM : S. S. SHINDE N. J. JAMADAR, JJ. DATE : 17th SEPTEMBER, 2021. 1. The Petitioner who is…

How to appreciate CCTV camera evidence in Rape Case under POCSO Act?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH : NAGPUR. CRIMINAL CONFIRMATION CASE NO. 01 OF 2020 APPELLANT : State of Maharashtra, through the Police Station Officer, Police Station, Chikhli, Tq. Chikhli, District Buldhana VERSUS RESPONDENTS : 1] Sagar Vishwanath Borkar, R/o…

Whether offense of sexual assault under the POSCO Act is attracted if the accused touches the child’s cheek without sexual intent?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1189 OF 2021 Mohammad Ahmed Ulla Vs The State of Maharashtra CORAM : SANDEEP K. SHINDE J. DATE : 27 th AUGUST, 2021. Heard. 2 Applicant seeks his enlargement on bail in…

Rape under POCSO Act quashed

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 9TH DAY OF JULY, 2021 PRESENT THE HON’BLE MR. JUSTICE R.DEVDAS AND THE HON’BLE MS. JUSTICE J.M.KHAZI CRIMINAL APPEAL NO.100095/2017 Between: Miss Kalavathi D/o. Yelappa Kardiguddi, Aged about 19 years, Occ: Student, R/o: Pularkoppa,…

POCSO – Presumption is guilt of the accused. The burden of proof on the prosecution

IN THE HIGH COURT OF DELHI AT NEW DELHI CORAM: HON’BLE MR. JUSTICE MANOJ KUMAR OHRI CRL.A. 454/2020; 10.08.2021 RAKESH @ DIWAN v.s THE STATE (GNCT OF DELHI) Appellant Through: Mr. Sulaiman Mohd. Khan, Advocate; Respondent Through: Mr. Ashok Kr. Garg, APP for State JUDGMENT…

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