Kumar Ghimirey Vs. State of Sikkim-22/04/2019

The failure on the part of the State Government to prefer an appeal does not, however, preclude the High Court from exercising suo motu power of revision under Section 397 read with Section 401 of the Code since the High Court itself is empowered to call for the record of the proceeding of any court subordinate to it. Subsection 4 of Section 401 operates as a bar to the party which has a right to prefer an appeal but has failed to do so but that subsection cannot stand in the way of the High Court exercising revisional jurisdiction suo motu.

Nawabuddin Vs. State of Uttarakhand-08/02/2022

Thee case would fall under Section 3(b) of the POCSO Act and it can be said to be penetrative sexual assault and considering Section 5(m) of the POCSO Act as such penetrative sexual assault was committed on a girl child aged four years (below twelve years) the same can be said to be 'aggravated penetrative sexual assault' punishable under Section 6 of the POCSO Act. Therefore, both, the Trial Court as well as the High Court have rightly convicted the accused for the offences under Section 5 of the POCSO Act punishable under Section 6 of the POCSO Act.

GOVT approved continuation of 1023 FTSCs including 389 POCSO Courts from 01.04.2021 to 31.03.2023

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved the continuation of 1023 Fast Track Special Court (FTSCs) including 389 exclusive POCSO Courts as a Centrally Sponsored Scheme (CSS) from 01.04.2021 to 31.03.2023 with an outlay of Rs. 1572.86 crore (Rs.971.70 crore as Central Share and Rs.601.16 crore as State share).

Delhi High Court issued Directions for recording statement under POCSO Act

CRL.REF.No.2/2016 COURT ON ITS OWN MOTION ..... Petitioner versus STATE ..... Respondent Date of decision : 4 th August , 2018 Q.No. 1: What is the legality of recording a statement or version of the incident enumerated by a victim of sexual offence by…

Alakh Alok Srivastava Vs. Union of India & Ors.-1/5/2018

Section 37 provides that the Special Court shall try cases in camera and in the presence of the parents of the child or any other person in whom the child has trust or confidence; Section 36 casts a duty on the Special Court to ensure that the child is not exposed in any way to the accused at the time of recording of the evidence while at the same time ensuring that the accused is in a position to hear the statement of the child and communicate with his advocate.

Barun Chandra Thakur Vs. Central Bureau of Investigation and Others [ SC 2017 DECEMBER]

KEYWORDS:-Anticipatory bail- interim bail granted-murder of a seven years old student- DATE :-DECEMBER 11, 2017- Acts:-  Offences punishable under Sections 302 read with Section 34 IPC, Section 25 of the Arms Act, Section 75 of the JJ Act and Section 12…