Act, 1989
(for short "Atrocities Act") and Section 3 / 4 of Protection of
Children from Sexual Offences Act, 2012 (for short " POCSO ... Courts
regarding their authority and jurisdiction because both the Acts;
namely Atrocities Act and POCSO Act are special Acts and
interestingly both contain somewhat
discussed above, in other statutes like NDPS Act, Prevention of
Corruption Act, N.I. Act, Indian Penal Code dealing with dowry death etc.,
the view ... Evidence Act, 1872 . It has
been defined under Section 4 of the Evidence Act that, "whenever it is
directed by this Act that
Sections
354-A / 452 / 506 IPC and under Section 8 of POCSO Act registered with
Police Station, Bari Brahamana.
2 The facts leading to filing ... NDPS Act, which creates presumption in trial of
certain offences under the said Act. For reference, relevant excerpts of
Section 54 of NDPS Act
Indian Penal Code, read
with Section 6 of POCSO Act and sentenced him to suffer ten years rigorous
imprisonment with fine ... higher magnitude compared to offence under Section 6 of the POCSO Act, though
established in this case.
Facts established during trial may be mentioned
Protection of Children from Sexual Offences Act,
2012 [hereafter ' POCSO Act ']) was registered with PS New Ashok
Nagar. At the material time ... POCSO Rules, 2012."
19. It is at once clear that the Scheme is not applicable to victims
under the POCSO Act , but since guidelines
Protection of Children from Sexual Offences Act, 2012 (POCSO
Act ), section 383 of the Indian Penal Code, 1860 ( IPC ), section 307 IPC
and section ... charged for
commission of offence under section 4 of the POCSO Act. Arun Rai
was charged for commission of offences under section
Sections 5 , 6 , 21(2) of POCSO Act and
Sections 3(1)(w)(i)(ii) , 3(2)(v) , 3(2)(va) of SC/ST
(Prevention ... Sections 5(f)(o)(p)(i) , 6 , 21(2)
of POCSO Act and Sections
PUNISHABLE UNDER SECTION 376 OF IPC AND UNDER SECTION 4 OF
POCSO ACT, 2012.
THIS CRIMINAL APPEAL COMING ON FOR HEARING THIS DAY,
THE COURT ... Children from Sexual Offences Act, 2012
(hereinafter referred to as " POCSO Act "). He is sentenced to
rigorous imprisonment for a period
trial after framing charge against
accused/appellant under Section 6 of POCSO Act, 2012. To bring whom
the charge against the accused/appellant, prosecution examined ... could not be held convicted taking resort to Section
29 of POCSO Act.
Learned advocate Mr. Roy for the appellant with his usual
vehemence submitted
Drugs &
Psychotropic Substances Act 1985 (' NDPS Act ' for short). Section 31
accordingly provides that if the POCSO Act is silent in respect ... Supreme Court in the context of the NDPS Act and
by various other High Courts in POCSO cases, holding that such
presumption comes into play