Tag: child rights

Betrayal of Trust is Demonic: Supreme Court’s Powerful Stand on Incest & POCSO Act Upholds Life Term for Father Who Raped Minor Daughter
Supreme Court

Betrayal of Trust is Demonic: Supreme Court’s Powerful Stand on Incest & POCSO Act Upholds Life Term for Father Who Raped Minor Daughter

The Supreme Court upheld the conviction under POCSO Act Section 6 and IPC Section 506, affirming the statutory presumption of guilt under Section 29. It emphasized that a child victim's credible testimony requires no corroboration and denied bail, highlighting the severity of familial sexual abuse and the imperative for stringent punishment. Facts Of The Case: The case involved the appellant, Bhanei Prasad @ Raju, who was convicted for repeatedly committing aggravated penetrative sexual assault on his own minor daughter. The victim was approximately ten years old at the time of the incidents, which were not isolated but constituted sustained assaults within the family home. The prosecution case was built primarily on the unwavering and credible oral testimony of the victim (PW-3), ...
Age Dispute in Crime : Supreme Court Upholds Juvenile Status in Murder Case
Supreme Court

Age Dispute in Crime : Supreme Court Upholds Juvenile Status in Murder Case

The Supreme Court upheld the determination of an accused as a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2015, emphasizing that school records and birth certificates take precedence over medical age tests under Section 94(2). The Court clarified that once juvenility is established, bail considerations for juveniles differ from adults, focusing on rehabilitation rather than offence gravity. It also affirmed that Section 15 (preliminary assessment for heinous offences) does not negate juvenile status but mandates a separate evaluation for trial as an adult. The ruling reinforced the statutory hierarchy of age-proof documents and restricted JJBs from reviewing earlier age determinations. Facts Of The Case: The case involves Rajni (appellant), the mother of a ...
POCSO Case Delays Addressed: Supreme Court Directs Faster Trials in Child Sexual Abuse Cases
Supreme Court

POCSO Case Delays Addressed: Supreme Court Directs Faster Trials in Child Sexual Abuse Cases

The Supreme Court, in its suo moto jurisdiction, issued directives to expedite trials under the POCSO Act 2012, mandating exclusive special courts in districts with over 100 pending cases. It emphasized time-bound investigations, child-friendly infrastructure, and sensitized personnel. The Court also stressed forensic lab efficiency and victim compensation, reinforcing strict adherence to statutory timelines to curb delays in child sexual abuse cases Facts Of The Case: The Supreme Court of India took suo moto cognizance in July 2019 of the alarming rise in child sexual abuse cases across the country, registering the matter as "In Re: Alarming Rise in the Number of Reported Child Rape Incidents." This judicial intervention was prompted by numerous media reports highlighting the increasing...