After the victim asserted that she had already attained 18 years and wanted to marry the accused, the Court opined that to protect the future of the woman, the man should marry her under the Special M ...
The High Court confirmed the man's conviction for the rape of a minor girl but found that the trial court had invoked the wrong legal provision to sentence him to life imprisonment.
The High Court agreed with a trial court's view that if there is sexual intent behind physical contact, it would constitute sexual assault under the POCSO Act even if there is no penetration.
The top had recently stayed the CBI probe into allegations that personnel from an all-woman police station in Chennai violated the rights of a minor sexual assault survivor and assaulted her parents.
The allegations included sending inappropriate messages to children, appearing half-naked during online classes and making obscene comments toward students.
According to the parents of the minor victim, the inspector of the Anna Nagar All Women Police Station had asked the parents to settle the issue with the accused and when they refused, assaulted them.
After noting that the minor victim was put through around 150 questions during cross-examination, the Court urged lawyers to be more reasonable and show "humanity" in such cases.
In 2022, the Gauhati High Court had said that there is no provision in the POCSO Act that bars the jurisdiction of the Assam Rifles Court from trying offences under the IPC or the POCSO Act.
The man was accused of raping a teenager under the pretext of marriage. The Court noted that a nuanced approach is required in such cases involving adolescent relationships.
The Court noted that in several cases, the medical report mechanically records the age of the victim without giving any reasons to support such findings.
The Court made the observation while directing a CBI probe into allegations that police in Chennai violated the rights of a minor sexual assault victim and assaulted her parents.