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1 - 10 of 15 (0.49 seconds)Section 363 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 4 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
Section 5 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
Section 6 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
The Protection of Children from Sexual Offences Act, 2012
Mahadeo Shankar Dhaygude vs The State Of Maharashtra on 12 December, 2012
13. A plain reading of the judgment in Mahadeo (supra) reveals that
the Supreme Court had to borrow the means of determining the age of
the prosecutrix from the provisions of r.12(3) (i) to (iii) of the Rules 8 of
2007, on account of the absence of an analogous provision in the
POCSO. However, the Supreme Court never intended its opinion to
forbid an enquiry by the Courts into the reliability of the date of birth of
the prosecutrix, as entered in the school register. Such a view is
further sustainable in the light of stringent and draconian provisions in
the POCSO which require that the enquiry by the Court to ascertain
the guilt of an accused under the provisions of the POCSO should be
detailed and intense to ensure that there is no miscarriage of justice by
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convicting an innocent or acquitting the guilty. The judgment does not
require that the Courts consider the date of birth of the prosecutrix
entered in the school register as gospel truth."
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Himachal Pradesh vs Sanjay Kumar Alias Sunny on 15 December, 2016
15. The Supreme Court in the matter of State of Himachal Pradesh
Vs. Sanjay Kumar @ Sunny (2017) 2 SCC 1: (AIR 2017 SC 463) has
held that:-