POCSO
Act act is presumed to have committed or abated or
attempted to commit the offence under section 29 of
the POCSO Act contrary ... examination is
impermissible under section 34(2) of the POCSO Act
read with Section 94 of the J.J. Act, 2015. There is no
gainsaying
commission of offence punishable under Section 376 of the
Indian Penal Code and Section 4 of the POCSO Act against the
appellant. Charges were subsequently ... charge for
commission of offences punishable under Sections 6 and 8 of
the POCSO Act and Section 376(3) of the Indian Penal Code
order to prove the offence under Section 376
and Section 6 of the POCSO Act, the medical evidence plays
crucial and important role. The medical ... between 18 to 19 years and, therefore, the
trial court cannot punish the accused under Section 6 of the
POCSO Act. The trial court ought
order to prove the offence under Section 376
and Section 6 of the POCSO Act, the medical evidence plays
crucial and important role. The medical ... between 18 to 19 years and, therefore, the
trial court cannot punish the accused under Section 6 of the
POCSO Act. The trial court ought
order to prove the offence under Section 376
and Section 6 of the POCSO Act, the medical evidence plays
crucial and important role. The medical ... between 18 to 19 years and, therefore, the
trial court cannot punish the accused under Section 6 of the
POCSO Act. The trial court ought
while recording conviction of the appellant under Section 6 of the
POCSO Act, has taken aid of Section 29 thereof which casts a
reverse burden ... offence punishable under Section-366A of
the Indian Penal Code and Section 6 of the POCSO Act,
therefore, cannot be sustained.
19. This situation leaves
offence punishable
under Section 376(2)(i) of the Indian Penal Code and Section 6
of the POCSO Act based on evidence adduced ... attract the provisions of the POCSO Act . A child has been
defined under Section 2(d) of the POCSO Act, as a person
below
JUSTICE CHAKRADHARI SHARAN
SINGH)
Date : -06-2023
These appeals, preferred under Section 374(2) of the
Code of Criminal Procedure, arise out of the same ... Judge-cum-
Special Judge (POCSO Act and SC/ST Act), Sitamarhi, in G.R.
No. 2454/19, Trial No. 90/19 arising out of Sitamarhi
offence within the ambit of POCSO Act . The first and
foremost requirement to invoke the provisions of the POCSO Act
is a clear finding beyond ... Section 94 of the
Juvenile Justice (Care and Protection of Children) Act, 2015 for
the purpose of invoking the provisions of the POCSO Act
offence within the ambit of POCSO Act . The first and
foremost requirement to invoke the provisions of the POCSO Act
is a clear finding beyond ... Section 94 of the
Juvenile Justice (Care and Protection of Children) Act, 2015 for
the purpose of invoking the provisions of the POCSO Act
