Latest news with #POCSO)Act
NDTV
16 hours ago
- NDTV
Saying 'I Love You' Not Sex Harassment Without Proven Intent: Chhattisgarh High Court
Raipur: The Chhattisgarh High Court has acquitted a youth accused under the Protection of Children from Sexual Offences (POCSO) Act and the SC/ST (Prevention of Atrocities) Act, stating that merely saying "I love you" does not amount to sexual harassment unless clear sexual intent is established. A single-judge bench of Justice Sanjay S Agarwal upheld the verdict of the trial court and dismissed the appeal filed by the state government, observing that the prosecution failed to provide adequate evidence to prove either the accused's intent or the age of the victim. The case originated from the Kurud police station area of Dhamtari district, where a 15-year-old schoolgirl had alleged that while she was returning home, the accused saw her and said "I love you." She also claimed that the youth had harassed her earlier on multiple occasions. Based on her complaint, the police registered a case under sections 354D (stalking) and 509 (outraging the modesty of a woman) of the Indian Penal Code, along with section 8 of the POCSO Act and section 3(2)(va) of the SC/ST Act. However, the trial court acquitted the accused due to lack of evidence, leading the state government to challenge the acquittal in the High Court. During the hearing, the High Court noted that neither the testimony of the victim nor that of her friends demonstrated any sexual intent behind the accused's actions. The court further highlighted that the prosecution had failed to prove that the accused was aware of the victim's caste, rendering the application of the SC/ST Act baseless. Justice Agarwal emphasised that an isolated instance of saying "I love you," without repeated contact or suggestive behaviour, does not fulfil the legal criteria for sexual harassment under the POCSO Act. Referring to the Supreme Court's judgment in Attorney General for India vs Satish (2021), the court underscored that a sexual overture must be supported by clear intent for it to fall under the purview of sexual harassment as defined in Section 7 of the Act. The court also raised concerns over the failure to verify the victim's age and described the investigation as inadequate and careless. Concluding that there was no sufficient evidence to convict the youth, the High Court upheld the trial court's acquittal and dismissed the state's appeal.
Indian Express
18 hours ago
- Indian Express
Telangana HC suspends man's sentence over child's rape-murder; points out lapses in identification, prolonged incarceration
Emphasising significant concerns regarding the identification process conducted and the prolonged period of incarceration, the Telangana High Court recently suspended the sentence of a man convicted of raping and murdering a child in 2019, and granted him bail pending the appeal. The order, delivered on July 24 by a bench of Justices Moushumi Bhattacharya and B R Madhusudhan Rao, stated, '…the inordinate and unexplained delay of 150 days in conducting the Test Identification Parade, coupled with the circumstances in which the material witnesses…saw a person running away from the scene of offence without seeing his face, read with the conclusion of the Trial Court that it was not possible to identify the petitioner/accused from the video footage, nullifies the value of the Test Identification Parade.' The case stemmed from a complaint lodged on May 9, 2019, by the father of a 7-year-old boy, who was found dead with head injuries after being sent to a shop near their home the day before. The investigation led to the apprehension of the appellant on May 13 that year, based on CCTV footage and suspicion raised by a witness. The prosecution alleged that the appellant lured the deceased, committed unnatural sexual acts, and then fatally hit the child's head on the ground. The appellant was convicted on July 20, 2021, for offences under sections 363 (kidnapping), 377 (unnatural offences), and 302 (murder) of the Indian Penal Code (IPC), and Section 5(m) read with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. He was awarded multiple sentences for the offences, including rigorous imprisonment of five years, life imprisonment, and two sentences of 10 years each, all of which were directed to run concurrently. The division bench, however, noted several critical issues with the prosecution's case, one of them being that there were no eyewitnesses to the alleged unnatural sex, kidnapping, or murder. The court also highlighted the 'inordinate and unexplained delay' of 150 days in conducting the Test Identification Parade (TIP) after the accused's arrest. The court felt the identification of the appellant by the witnesses was unreliable due to the long delay, noting that the witnesses had only seen a person running away from the scene in the dark and provided a vague description. 'It is settled law that the Test Identification Parade should be held without any unreasonable delay after the arrest of the accused, which is necessary for eliminating the possibility of the accused being shown to the witnesses before the Test Identification Parade,' the order read. The court also found that the Investigating Officer was unable to determine the blood group of the deceased or the accused, nor confirm if the bloodstains on seized items belonged to the accused. The court referred to the precedent set in Batchu Ranga Rao and others v State of Andhra Pradesh, which provides guidelines for releasing accused persons who have been in custody for more than five years. As the appellant had been in jail for over six years as of the order date, the court found it to be sufficient grounds for granting bail. The bail was granted subject to several conditions, including furnishing of a personal bond of Rs 25,000 with two sureties. Rahul V Pisharody is an Assistant Editor with the Indian Express Online and has been reporting from Telangana on various issues since 2019. Besides a focused approach to big news developments, Rahul has a keen interest in stories about Hyderabad and its inhabitants and looks out for interesting features on the city's heritage, environment, history culture etc. His articles are straightforward and simple reads in sync with the context. Rahul started his career as a journalist in 2011 with The New Indian Express and worked in different roles at the Hyderabad bureau for over 8 years. As Deputy Metro Editor, he was in charge of the Hyderabad bureau of the newspaper and coordinated with the team of district correspondents, centres and internet desk for over three years. A native of Palakkad in Kerala, Rahul has a Master's degree in Communication (Print and New Media) from the University of Hyderabad and a Bachelor's degree in Business Management from PSG College of Arts and Science, Coimbatore. Long motorcycle rides and travel photography are among his other interests. ... Read More
NDTV
a day ago
- NDTV
Maharashtra School Watchman Arrested For 'Sexually Abuse' Of 2 Students
Palghar: Police have arrested a 53-year-old security guard of a private school in Maharashtra's Palghar district for allegedly sexually abusing two male students, officials said. The alleged incidents occurred between June 15 and 20, the officials said on Sunday. The victims, aged 17 and 15, are students of the same school located in Virar area. "The alleged incidents occurred in the canteen of the school," the Arnala police stated. The accused was arrested on Saturday evening, the police said. "After receiving a complaint from the school's manager, we registered an FIR against the watchman, Raymond Wilson Dias, under section 75 (sexual harassment) of the Bharatiya Nyaya Sanhita (BNS) and sections 5, 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act," the Arnala police station official said. Sections 5 of the POCSO Act pertains to penetrative sexual assault. In August 2024, a male sweeper at a school in Badlapur in neighbouring Thane district allegedly sexually abused two four-year-old girls, causing a huge outrage and massive protests. The accused was killed in September last year in the 'retaliatory firing' by police after he allegedly snatched the gun from a policeman in a police vehicle.
Hindustan Times
2 days ago
- Politics
- Hindustan Times
Bangladesh's BNP functionary lived in Bengal for 30 years, wife held: Police
Kolkata: A functionary of the Bangladesh Nationalist Party (BNP) was living in West Bengal's North 24 Parganas district for the past 30 years as an enrolled voter, police said on Sunday, a day after his wife — who claims to be an Indian national — was arrested. At least 300 Bangladeshis have been apprehended from various districts of West Bengal since December last year. (Representative photo) 'Sherful Mondal, a resident of the district's Bagdah area, said that she married Rezaul Mondal around 30 years ago but came to know later that he was a BNP leader and had entered India illegally,' a police officer, requesting anonymity, said. Sherful said that Rezaul returned to Bangladesh months before a mass uprising forced Awami League leader Sheikh Hasina to resign as Prime Minister and leave the country in July last year. 'Rezaul came under scanner after police started looking for his son, Firoz, for allegedly eloping with a minor girl three months ago. A case was registered against him under the Protection of Children from Sexual Offences (POCSO) Act. The probe indicated that Firoz is a Bangladeshi national,' the officer said. Also Read: Bengal launch helpline amid migrant worker harassment row; BJP floats counter helpline The officer said that Rezaul presented Sherful's mother, Cherbanu Mondal, as his mother while procuring an Elector's Photo Identity Card (EPIC). 'Sherful was arrested for helping an illegal immigrant,' the officer added. Prasun Pramaik, the block development officer (BDO) of Bagdah, said that Rezaul's nationality was exposed when Election Commission officials were doing field work. 'EC officials went to the area to update the electoral roll when the man and his son could not be found,' the BDO said. Also Read: '52 migrant workers detained in Gurugram': Bengal CM raps govt North 24 Parganas is one of the districts in West Bengal that share an international border with Bangladesh. The Border Security Force (BSF) and other agencies have intensified vigil along the border since 2024 in view of the political unrest in Bangladesh. At least 300 Bangladeshis have been apprehended from various districts of West Bengal since December last year.
Indian Express
2 days ago
- Indian Express
BJD corporator accused of sexually assaulting teen since 2023, arrested on rape charges in Odisha
The Odisha Police on Sunday arrested Biju Janata Dal (BJD) corporator Amaresh Jena in connection with an alleged rape case lodged against him recently. Jena, a key face of the BJD in Bhubaneswar, was apprehended from Nilagiri in Balasore district following raids after remaining absconding for days, police said. On Saturday, the police also arrested five of his associates for allegedly harbouring the accused person. On July 23, Jena was booked under sections 64 (2) (rape), 89 (causing miscarriage without the woman's consent), 296 (obscene act) and 352 (criminal intimidation) of Bharatiya Nyaya Sanhita and under the Protection of Children from Sexual Offences (POCSO) Act. The complainant, a 19-year-old, accused Jena of sexual misconduct since September 2023 after promising to marry her and divorcing his wife. She was a minor at that time. She also alleged that she had gotten pregnant and that Jena coerced her into an abortion two months later in February 2024 and threatened her harm if she goes for any legal action. Meanwhile, the BJD suspended Jena from the party.
