The Supreme Court Today (Aug 20) set aside the Calcutta High Court order asking adolescent girls to control their sexual urges. A Bench of Justices Abhay S Oka and Ujjal Bhuyan said it has also explained in detail on how courts should write judgments.
The Rohini District Court in Delhi has sentenced a man, who was a minor when he committed the crime, to life imprisonment for the 2017 rape and murder of a 5-year-old girl. The court determined that the individual was over 16 years old at the time of the offense, which allowed him to be tried as an adult. Special Judge (POCSO) Sushil Bala Dagar not only handed down the life sentence but also imposed a fine on the convicted individual. Additionally, the judge directed that compensation be provided to the victim’s family as part of the ruling.
Today, On 6th August, The Supreme Court of India agreed to expedite the hearing on whether Muslim personal law allowing child marriages supersedes the Prohibition of Child Marriage Act, 2006. The issue arose following a Punjab and Haryana High Court decision allowing a 16-year-old Muslim girl to marry after reaching puberty. Solicitor General Tushar Mehta emphasized the urgency due to conflicting rulings from various High Courts. The National Commission for Protection of Child Rights challenged the ruling and requested the alignment of Islamic personal law with national penal laws to protect the fundamental rights of minor Muslim women.
The Delhi Tis Hazari Court sentenced a 49-year-old man to 10 years in prison for child marriage and rape of a 13-year-old girl, and awarded her Rs.10.5 lakh in compensation. The court found the victim was forced into the marriage due to her difficult circumstances, and the accused violated her rights and child protection laws.
Today, 20th May, A Delhi court postponed the decision on dropping the POCSO case against Brij Bhushan Sharan Singh, former head of the Wrestling Federation of India and BJP MP, to October 6. The case, brought by a minor female wrestler, was deferred after the victim retracted her statement. The judicial process reflects careful scrutiny, especially in cases involving minors.
The Delhi High Court criticized a lower court’s decision to discharge two individuals accused of child pornography involvement, citing procedural errors. A public interest litigation challenged the decision, leading the high court to convert it into a suo motu revision petition. The court ordered a reassessment of the evidence and appointed an advocate to assist. A notice was issued to the accused for explanation. The CBI decided not to appeal the lower court’s ruling. The High Court clarified that PIL is generally not entertained in criminal matters.
The Gauhati High Court, in a significant ruling related to a POCSO case, emphasized that hymen rupture is not a necessary indication in all instances of penetrative assault. This decision marks a shift in understanding and evaluating evidence in such cases, focusing on the broader context of assault rather than physical signs alone. The judgment highlights the importance of thoughtful evaluation and a thorough approach when dealing with cases of sexual violence governed by the POCSO Act.
The Delhi High Court Yesterday (March 7th) highlighted the importance of mediation by referencing religious texts like the Gita,Ramayana and Bible. However, it emphasized that cases under the Protection of Children from Sexual Offences Act (POCSO Act) cannot be settled through mediation. The court rejected a father’s plea to reinstate a POCSO complaint, citing the passage of time and the children’s involvement in personal disputes.
Today(on 2nd March),The Patiala House Court in Delhi has postponed the ruling on the Delhi Police’s cancellation report in the POCSO case against BJP MP Brij Bhushan Sharan Singh to April 23, 2024. Initially filed after a complaint by a minor female wrestler, the case has seen significant developments leading to the current decision delay. Notably, the involved parties expressed satisfaction with the police investigation.