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Bombay High Court grants bail in a POCSO case after finding that the medical report did not confirm penetrative sexual assault and the victim’s police statement omitted key allegations. The ruling underscores that proportionality and evidentiary gaps may justify bail even in serious offences under the POCSO Act.
Gauhati High Court rules that a child victim's testimony under Section 4 of the POCSO Act requires no corroboration if it is cogent, even when the accused claims intoxication or minor inconsistencies exist. The judgment reinforces the primacy of victim testimony in penetrative sexual assault cases, impacting criminal appeals under the POCSO framework.
The Delhi High Court upheld a conviction under PoCSO despite the non-verbal child victim not being examined, ruling that medical certification of cerebral palsy and consistent testimony from family members and the MLC suffice to establish guilt. This sets a critical precedent for prosecuting sexual crimes against children with disabilities where direct testimony is impossible, reinforcing that evidentiary flexibility must align with justice, not procedural rigidity.
The Delhi High Court affirmed that a child victim's credible testimony is sufficient to prove penetrative sexual assault under Section 6 of the PoCSO Act, regardless of the absence of physical or forensic corroboration. This ruling reinforces the legal recognition of children's testimonial reliability and reduces undue reliance on outdated medical indicators, significantly impacting prosecution strategies in child sexual abuse cases.
Gauhati HC rules that attempted anal penetration through physical manipulation, even without injury or spermatozoa, falls under penetrative sexual assault under Section 3(c) of the POCSO Act. The court upheld the conviction and directed victim compensation, reinforcing the statutory interpretation of 'penetrative sexual assault' to include non-consensual acts beyond completed penetration.
Gauhati High Court rules that an attempt to commit penetrative sexual assault under the POCSO Act is punishable under Section 18, even if penetration is not proved. The court altered the conviction from Section 4 to Section 4(2) read with Section 18, reducing the sentence from 20 years to 10 years, reinforcing child protection laws without requiring physical proof of penetration.