The Court said the interim bail would automatically stand cancelled in case any of the conditions is violated by the accused and the victim or her family lodges any complaint in this regard.
A bench of Justices Vikram Nath and Prashant Kumar Mishra passed the order on a plea by D Rajappa, who had filed the complaint against the seer in Mysuru.
Kumar, who is also an officer with the Punjab Police, was booked in the rape case by the Bengaluru Police earlier this year on a volleyball player’s complaint that he repeatedly raped her when she was ...
Justice Harpreet Kaur Jeewan refused to consider the man’s contention that he had married the girl as per the personal law and it was a legal ‘nikah’ since the girl had attained the age of puberty.
"A charge of penetrative sexual assault is made out the moment there is some degree of insertion. Therefore, non-tear of the hymen is of no consequence," the Court observed.
Once the consent of a minor prosecutrix is immaterial for registration of the offence, such consent shall remain immaterial at all stages, including for compromise, the Court said.
The petition moved by Aloor contended that the minor child's mother had previously filed a police complaint against him alleging that he had intimidated and physically pushed her out of his office.
The Court held that a minor can also be an offender under the POCSO Act, but clarified that the accused 13-year-old accused child could be dealt with only as per the JJ Act and not through an ordinary ...
The Court noted that the petitioner had dropped the girl outside her house on learning that her parents had lodged a case against him, which indicated that his intention wasn't dangerous.
The Court made it clear that cases under the Protection of Children from Sexual Offences Act (POCSO Act) cannot be referred to mediation and settled or compromised.
Justice Devan Ramachandran said that victims of sexual assault can be men as well and not just women, adding that there has been an increase in cases where boys were victims of child sexual assault.
The Court quashed a case registered against a 21-year-old who was booked by the Bengaluru Police for marrying a minor and having a sexual relationship with her.