#sexual assault

The High Court upheld the Section 6 POCSO conviction for kidnapping and sexual assault of a minor but held the 30-year simple imprisonment sentence statutorily impermissible and disproportionate. It reduced the sentence to 15 years rigorous imprisonment, factoring in the appellant's youth at the time of offence, clean record, and over 11 years already incarcerated.

The Delhi High Court ruled that a Section 164 statement remains valid even if a parent assists as interpreter, and that PoCSO’s interpreter requirement is fulfilled by any person competent in the child’s mode of communication. This expands admissibility of child-witness testimony and clarifies interpreter qualifications for future PoCSO sexual-offence cases, affecting prosecutors and defence counsel.

Rajasthan High Court suspends conviction in a sexual assault case, emphasizing that hostile witnesses and absence of forensic corroboration undermine prosecution credibility. The ruling underscores that prolonged incarceration without appeal hearing warrants interim relief under Section 389 BNSS, particularly when DNA/FSL reports fail to support allegations.

Kerala High Court rules that pre-arrest bail under BNSS Section 482 cannot be routinely granted for offences under BNS Section 75(2), emphasizing the gravity of sexual assault and prima facie evidence of premeditation. The decision underscores that custodial interrogation may be necessary where the accused’s conduct suggests intentional criminal acts.

The Bombay High Court held that the reproductive autonomy of a 34-year-old woman with moderate intellectual disability and autism, victimized by sexual assault, supersedes the statutory 24-week cap under the MTP Act. This ruling affirms that disability does not diminish bodily integrity under Article 21 and mandates medical boards to prioritize dignity over rigid timelines when assessing termination requests for vulnerable survivors.

Karnataka High Court ruled that disputed allegations and potential career ruin justify bail under POCSO Act, even in serious offences, if facts are contested. The Court imposed strict conditions to prevent witness tampering and ensure trial attendance, setting a precedent for balancing individual liberty with victim protection.

Karnataka High Court quashed POCSO proceedings where the victim retracted allegations and medical evidence showed no penetration or sexual contact, holding that mere kissing does not meet the statutory threshold under Sections 4 or 8 of the POCSO Act. The ruling underscores that non-penetrative acts require corroborative evidence to sustain prosecution under the Act.

Rajasthan High Court acquitted accused in a gang rape case, holding that contradictions, delayed FIR, and lack of forensic evidence shift the benefit of doubt to the accused. The ruling underscores that contemporaneous statements carry greater evidentiary weight than delayed complaints, setting a precedent for similar prosecutions.

Gauhati HC upholds conviction under Section 376(2)(l) IPC where victim has Down syndrome and IQ 40, affirming that mental disability does not equate to legal incompetence as a witness.

Bombay HC rules school admission records as definitive proof of minority under POCSO Act, eliminating the need for medical age verification. The court also clarifies that Section 366A IPC charges fail without explicit intent to seduce the minor for another person, quashing the conviction on this ground.

The Madhya Pradesh High Court reaffirmed that anticipatory bail cannot be granted under Section 18 of the SC/ST Act for serious offences, even where financial compromise documents exist. The ruling underscores the statutory bar's absolute nature, prioritizing investigation over bail in atrocity cases.

Bombay High Court holds that Section 18 of the POCSO Act requires proof of sexual assault, not just trafficking, for an offence to be attracted. The court granted bail after the victim explicitly denied any sexual contact, setting a precedent for bail in POCSO cases where sexual assault allegations are absent.

The Bombay High Court acquitted the accused of rape under POCSO due to lack of medical proof of penetration, but upheld conviction for sexual assault based on corroborative bite mark evidence. This clarifies that non-penetrative sexual contact with a child, even without biological evidence, can sustain conviction under Section 7 of POCSO - reinforcing that medical corroboration is not mandatory for all forms of child sexual abuse.

MP High Court reclassified a non-penetrative sexual assault on a girl under 12 from IPC 376AB to POCSO Section 9(m), reinforcing that aggravated sexual assault under POCSO does not require proof of penetration. The ruling aligns with Supreme Court precedent, ensuring stricter protection for child victims under statutory law.

MP High Court mandates constitution of a Medical Board to assess termination feasibility for minor sexual assault victims under the MTP Act, reinforcing procedural safeguards for reproductive rights. The ruling underscores the court's role in ensuring timely medical and legal intervention for vulnerable minors.