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Court says oral sex not ‘aggravated sexual assault’, cuts jail term of accused

  • According to the order passed by the high court, the accused performed oral sex on the minor victim and such an offence falls under the category of “penetrative sexual assault” and is punishable under Section 4 of POCSO Act.
The Allahabad high court order stated that oral sex does not fall under “aggravated sexual assault” and cannot be punishable either under Section 5/6 or Section 9(M) of the POCSO Act. (Shutterstock/Representative use)
The Allahabad high court order stated that oral sex does not fall under “aggravated sexual assault” and cannot be punishable either under Section 5/6 or Section 9(M) of the POCSO Act. (Shutterstock/Representative use)
Published on Nov 24, 2021 12:20 PM IST
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Written by Sharangee Dutta | Edited by Amit Chaturvedi, Hindustan Times, New Delhi

POCSO Act: Why the SC’s ruling is critical

The latest SC ruling upholds the legal safeguards and rights of children, and makes the environment safer for them
The HC ruling trivialised unacceptable behaviour. The SC has reversed, and not a moment too soon, a controversial verdict that could have created a dangerous precedent. (Amal KS/HT PHOTO)
The HC ruling trivialised unacceptable behaviour. The SC has reversed, and not a moment too soon, a controversial verdict that could have created a dangerous precedent. (Amal KS/HT PHOTO)
Updated on Nov 21, 2021 07:36 PM IST
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ByHT Editorial

Merely being in love doesn’t count as consent for sex, rules Kerala high court

  • The Kerala high court said there is a massive difference between consent and submission, and helplessness in the face of compulsion cannot be seen as the victim’s consent for sexual intercourse.
The hearing was on an appeal by one Syam Sivan, 26, who was convicted and subsequently sentenced by a trial court under multiple sections of the IPC, including section 376 that deals with rape. (Getty Images/iStockphoto)
The hearing was on an appeal by one Syam Sivan, 26, who was convicted and subsequently sentenced by a trial court under multiple sections of the IPC, including section 376 that deals with rape. (Getty Images/iStockphoto)
Published on Nov 20, 2021 08:15 PM IST
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Written by Sharangee Dutta | Edited by Avik Roy, Hindustan Times, New Delhi

‘Skin-to-skin’ orders on sexual abuse set aside

  • The court set aside the two orders of the high court – passed on January 15 and 19 – and directed the convicted persons to surrender within four weeks to undergo the remaining sentence of three years and five years awarded to them by a special Pocso court last year.
The court set aside the two orders of the high court – passed on January 15 and 19 – and directed the convicted persons to surrender within four weeks to undergo the remaining sentence of three years and five years awarded to them by a special Pocso court last year. (Amal KS/HT File Photo)
The court set aside the two orders of the high court – passed on January 15 and 19 – and directed the convicted persons to surrender within four weeks to undergo the remaining sentence of three years and five years awarded to them by a special Pocso court last year. (Amal KS/HT File Photo)
Updated on Nov 19, 2021 01:06 AM IST
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ByAbraham Thomas, Hindustan Times, New Delhi

NCRB says over 99% crimes registered in 2020 under POCSO Act were against girls

An analysis of the latest NCRB data by NGO Child Rights and You (CRY) revealed that among 28,327 children who were victims of crimes reported under the POCSO Act, 28,058 were girls.
A deeper analysis of the cases reported under the Protection of Children from Sexual Offences (POCSO) Act showed that crimes against adolescent girls within the 16 to 18 age group were the highest at 14,092, followed by 10,949 crimes against girls within the 12 to 16 age group.(PTI)
A deeper analysis of the cases reported under the Protection of Children from Sexual Offences (POCSO) Act showed that crimes against adolescent girls within the 16 to 18 age group were the highest at 14,092, followed by 10,949 crimes against girls within the 12 to 16 age group.(PTI)
Published on Oct 11, 2021 02:17 PM IST
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PTI | , New Delhi

HC verdict on ‘skin-to-skin contact’ lacked sensitivity, AG tells Supreme Court

The high court had acquitted a man for groping a 12-year-old through while she was clothed, ruling that he be let off under the stringent Pocso Act because there was no “skin-to-skin” contact.
"The judge lacked the sensitivity to appreciate that Pocso Act is meant to prevent sexual offences against children who are unable to defend themselves.” KK Venugopal told the Supreme Court
Updated on Sep 30, 2021 06:05 AM IST
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ByAbraham Thomas, New Delhi

14-yr-old MP girl gang-raped for 8 months, kills her newborn, arrested: Cops

Police said they learnt of the 14-year-old girl’s rape only after her arrest for murder. The teenager, a daughter of a migrant worker, was first raped by her cousin in October 2020, and later his friends.
A girl arrested in Madhya Pradesh for killing her newborn has told the police that she was raped for 8 months by her cousin and his four friends (HT photo/Raj K Raj)
A girl arrested in Madhya Pradesh for killing her newborn has told the police that she was raped for 8 months by her cousin and his four friends (HT photo/Raj K Raj)
Updated on Sep 27, 2021 07:25 PM IST
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ByShruti Tomar, Hindustan Times, Bhopal

Touching a child's cheeks with no sexual intent not assault, says Bombay HC

The high court said this granting bail to a 46-year-old man accused of taking a minor inside his chicken shop and pressing her cheeks.
The court said no sexual intent was found in the investigation.
The court said no sexual intent was found in the investigation.
Published on Aug 29, 2021 05:05 PM IST
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Byhindustantimes.com | Written by Poulomi Ghosh

Pearl's bail hearing postponed, minor's dad asks people not to call her a liar

  • Actor Pearl V Puri's bail hearing has been postponed and will now be held on Tuesday. The actor was arrested for allegedly raping a minor in 2019.
Pearl V Puri has been sent to 14-day judicial custody in the minor's rape case.
Pearl V Puri has been sent to 14-day judicial custody in the minor's rape case.
Updated on Jun 11, 2021 10:09 PM IST
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By Ram Parmar

Anita calls Pearl's arrest over alleged rape of minor 'nonsensical news'

  • Anita Hassanandani extended her support to Pearl V Puri and called his arrest over the alleged rape of a minor 'nonsensical news'. She shared a note on Instagram.
Anita Hassanandani has supported Pearl V Puri.
Anita Hassanandani has supported Pearl V Puri.
Updated on Jun 05, 2021 11:08 AM IST
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Child rights body alleges Pocso breach on Twitter, lodges FIR

  • The apex child rights body has also filed an FIR, charging the social media giant for allegedly giving false information and violating the Protection of Children from Sexual Offences (Pocso) Act.
Twitter has been at loggerheads with the Indian government over compliance with the new social media guidelines. (Reuters representative image)
Twitter has been at loggerheads with the Indian government over compliance with the new social media guidelines. (Reuters representative image)
Published on Jun 01, 2021 04:15 AM IST
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ByHT Correspondent, Hindustan Times, New Delhi

Try 16+ as adults in POCSO cases: Panel

The committee noted that cases registered under POCSO rose from 32,608 in 2017 to 47,325 in 2019 – an increase of nearly 45% in two years — and made important recommendations to check cyber crime, improve the condition of sex workers and increase police accountability in cases of crimes against women.
Currently, someone between 16 and 18 can be tried as an adult, under POCSO or the Indian Penal Code, only if they are charged with heinous crimes such as murder or rape.(HT/PHOTO)
Currently, someone between 16 and 18 can be tried as an adult, under POCSO or the Indian Penal Code, only if they are charged with heinous crimes such as murder or rape.(HT/PHOTO)
Published on Mar 11, 2021 11:57 PM IST
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ByDeeksha Bhardwaj, Hindustan Times, New Delhi

Man gets one year in jail for flashing college student

The accused, a driver by profession who was known to the victim and her family, was found guilty under section 354 A (molestation) of IPC as well as provisions of the Protection Of Children from Sexual Offences (POCSO) Act.
The prosecution said the incident had left the girl
The prosecution said the incident had left the girl "frightened and ashamed", though the defence claimed the man was targeted as the girl's relatives held a grudge against him.(Representative image)
Published on Feb 27, 2021 06:12 PM IST
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PTI | , Mumbai

65-year-old gets 20-year rigorous imprisonment for raping minor

  • The court also imposed a fine of 20,000 on the convict, identified as Hiraman Yadav alias Rangbaj who hails from Gopalpur village in Bihar.
Image for representation.(HT File)
Image for representation.(HT File)
Updated on Feb 20, 2021 12:32 AM IST
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SC Collegium withdraws approval for appointment of judge

  • Justice Pushpa Ganediwala recently acquitted a man accused of groping a 12-year-old girl's breast because he did not make skin-to-skin contact and days earlier, ruled that holding the hands of a five-year-old girl and unzipping the trousers do not amount to "sexual assault" under the POCSO Act.
Justice Pushpa Ganediwala recently acquitted a man accused of groping a 12-year-old girl's breast because he did not make skin-to-skin contact(HT_PRINT)
Justice Pushpa Ganediwala recently acquitted a man accused of groping a 12-year-old girl's breast because he did not make skin-to-skin contact(HT_PRINT)
Published on Jan 30, 2021 05:13 PM IST
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PTI | , New Delhi

'POCSO wasn't for adolescents, teenagers in romantic relationships' Madras HC

  • Child-rights activists have been advocating for the legislation to be altered so the focus doesn’t deviate from serious cases.
File photo: Madras HC.(ANI PHOTO.)
File photo: Madras HC.(ANI PHOTO.)
Updated on Jan 30, 2021 11:01 AM IST
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ByDivya Chandrababu | Edited by Sparshita Saxena, Chennai

Not sexual assault if minor is groped without 'skin to skin contact, intent': HC

Justice Pushpa Ganediwala of the Nagpur bench of the Bombay High Court, in a judgement passed on January 19, the detailed copy of which was made available now, held that there must be "skin to skin contact with sexual intent" for an act to be considered sexual assault.
File photo of the Bombay high court. The court, in its verdict, held that this
File photo of the Bombay high court. The court, in its verdict, held that this "physical contact" mentioned in the definition of sexual assault must be "skin to skin" or direct physical contact.
Published on Jan 24, 2021 07:33 PM IST
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PTI |

Kerala High Court sets aside aquittal in Walayar minors’ rape-murder case

The bench comprising Justices A Hariprasad and MA Anitha ordered a retrial in the case and directed the special court to hear it.
The accused in the Wayalar sisters’ rape-murder case has been asked to surrender before the trial court by January 20. (HT Photo)
The accused in the Wayalar sisters’ rape-murder case has been asked to surrender before the trial court by January 20. (HT Photo)
Updated on Jan 06, 2021 03:02 PM IST
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Hindustan Times, Thiruvananthapuram | ByRamesh Babu

Rajasthan: Minor delivers baby in Nagaur, four, including brother, booked for rape

Survivor’s family has reportedly confessed that the four have raped the 14-year-old multiple times
Representational Image.
Representational Image.
Updated on Dec 15, 2020 04:42 PM IST
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Hindustan Times, Jaipur | ByJaykishan Sharma

Respond to PIL on lack of POCSO implementation: Bombay HC to Maharashtra

The counsel said the police was supposed to keep the child and his/her family informed of the proceedings in the case, which they often failed to do
A bench comprising chief justice Dipankar Datta and justice Girish Kulkarni has asked the government to file its affidavit in a reply to the PIL filed by social activist Arjun Malge complaining about the lack of implementation of certain provisions of the POCSO Act.(Representational Photo)
A bench comprising chief justice Dipankar Datta and justice Girish Kulkarni has asked the government to file its affidavit in a reply to the PIL filed by social activist Arjun Malge complaining about the lack of implementation of certain provisions of the POCSO Act.(Representational Photo)
Published on Oct 01, 2020 04:24 PM IST
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Hindustan Times, Mumbai | ByKanchan Chaudhari

HC refuses bail to Pune rape accused over minor survivor’s contradictory statements

The Bombay high court (HC) has refused to grant bail to a youth (21) from Pune, who is accused of raping a 15-year-old he was reportedly in a relationship with, as the minor’s statements were found to be at odds
The judge said that the survivor was a minor so her consent to the said act was immaterial.(Getty Images/iStockphoto)
The judge said that the survivor was a minor so her consent to the said act was immaterial.(Getty Images/iStockphoto)
Published on Sep 03, 2020 02:18 PM IST
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Hindustan Times, Mumbai | ByKanchan Chaudhari

POCSO accused jumps into river, leaves video alleging harassment behind

The accused said he was being framed by the mother of the minor.
The NDRF team is looking for the accused in Tawi river but has not met with any success so far, said officials.(PTI Photo)
The NDRF team is looking for the accused in Tawi river but has not met with any success so far, said officials.(PTI Photo)
Updated on Aug 26, 2020 02:59 PM IST
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Hindustan Times, Jammu | ByRavi Krishnan Khajuria | Edited by Abhinav Sahay

British man running Odisha shelter home arrested for sexually abusing minor

Police officials in Jharsuguda said John Patrick Bridge - who ran a child shelter home called Faith Outreach - was arrested following a complaint by a minor tribal boy about being sexually abused.
File photo of John Patrick Bridge, who founded home shelter Faith Outreach. (HT Photo)
File photo of John Patrick Bridge, who founded home shelter Faith Outreach. (HT Photo)
Updated on Aug 20, 2020 12:50 PM IST
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Hindustan Times, Bhubaneswar | ByHT Correspondent

POCSO court rejects bail plea of man accused of raping minor daughter

The accused allegedly repeatedly sexually assaulted his daughter between 2015 and January 2020, when his wife was away at their native place.
The incident came to light after the minor victim broke down before her friend and revealed about the sexual assault.(HT Photo)
The incident came to light after the minor victim broke down before her friend and revealed about the sexual assault.(HT Photo)
Published on Jul 11, 2020 03:23 PM IST
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Mumbai | ByCharul Shah

Covid-19 no reason for not filing chargesheet: HC grants bail to man accused of raping minor

Justice Vinay Joshi clarified that the period prescribed by the Criminal Procedure Code (CrPC) for filing a charge sheet cannot be extended because of the nationwide Covid-19 lockdown restrictions.
The Bombay HC granted bail to the accused because he had exercised his indefeasible right on expiry of 90 days to file a chargesheet.(HT File Photo)
The Bombay HC granted bail to the accused because he had exercised his indefeasible right on expiry of 90 days to file a chargesheet.(HT File Photo)
Updated on Jul 09, 2020 03:07 PM IST
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Hindustan Times, Mumbai | ByKanchan Chaudhari

In lockdown nightmare, 9-year-old boy sexually harassed by hostel warden in Dehradun: Cops

The boy was the only student who was left in the hostel because his parents could not come from Uttar Pradesh to take him home due to the lockdown.
The hostel warden was arrested after the parents of the child complained to the police.(Representative image)
The hostel warden was arrested after the parents of the child complained to the police.(Representative image)
Updated on Jun 06, 2020 11:25 PM IST
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Hindustan Times, Dehradun | ByKalyan Das| Edited by Sabir Hussain

6-year-old raped in Madhya Pradesh’s Damoh, eyes damaged in attack

Chief minister Shivraj Singh Chouhan said the rape of the “innocent girl is shameful and unfortunate.”
The girl was kidnapped on Wednesday evening from outside her house in the village under Jabera police station in Damoh district.(Reuters Photo)
The girl was kidnapped on Wednesday evening from outside her house in the village under Jabera police station in Damoh district.(Reuters Photo)
Published on Apr 24, 2020 01:14 PM IST
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Hindustan Times, Bhopal/Sagar | ByHT Correspondent

Four held in Pune for undressing teenager, urinating upon him and sharing video

The 15-year-old had gone out to attend a community celebration on Thursday when the incident took place
The teenager was found in an unconscious state near the railway track in Manjri and rushed to Sassoon General Hospital.(REPRESENTATIVE PHOTO)
The teenager was found in an unconscious state near the railway track in Manjri and rushed to Sassoon General Hospital.(REPRESENTATIVE PHOTO)
Updated on Mar 16, 2020 05:34 PM IST
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Hindustan Times, Pune | ByHT Correspondent

Sailor held for rape, kidnapping of girl in Goa

The accused, an off-duty sailor who was visiting the state on vacation, was arrested from his home at São José de Areal village late on Wednesday
According to the police, the accused knew the survivor and was a family acquaintance.
According to the police, the accused knew the survivor and was a family acquaintance.
Updated on Mar 13, 2020 02:34 AM IST
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Hindustan Times, Panaji | ByGerard de Souza, Panaji

Supreme Court stays hanging of man who raped, killed 3-year-old girl

Yadav challenged the high court judgment in Supreme Court. Advocate Aparajitha Singh appearing for Yadav argued that the Surat court had issued the black warrant before the expiry of 60 days period, during which the convict is allowed to appeal to the Supreme Court against the judgment of the high court.
The Supreme Court stayed the convict’s hanging as the black warrant was issued before he had exhausted all his legal remedies.(Sonu Mehta/HT PHOTO)
The Supreme Court stayed the convict’s hanging as the black warrant was issued before he had exhausted all his legal remedies.(Sonu Mehta/HT PHOTO)
Published on Feb 20, 2020 03:03 PM IST
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Hindustan Times, New Delhi | ByMurali Krishnan
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Thursday, December 02, 2021