Latest news with #POCSOAct
Hindustan Times
3 hours ago
- Hindustan Times
16-yr-old held for boy's sexual assault
A 16-year-old boy was apprehended for allegedly sexually assaulting a nine-year-old boy in central Delhi's Kamla Market area in the wee hours of Tuesday. The boy was hospitalized for a day and was discharged later on Tuesday after being kept under observation. A senior police officer said that the matter was reported at 1am on Tuesday at Kamla Market police station. (Archives) A senior police officer said that the matter was reported at 1am on Tuesday at Kamla Market police station. The parents of the victim allegedly told police that he was sexually assaulted by a neighbourhood child who was also the victim's friend. 'The parents said that both used to play together. The victim told his parents that the accused called him to play at his house in the evening when his parents were away. At the residence, he assaulted the boy,' the officer said. Bleeding from his private parts, the victim returned home crying and informed his parents after which they took him to the hospital and informed the police about the incident. Police said that they have registered a case under Section 6 of the POCSO Act and apprehended the 16-year-old. According to police, both the victim and the accused are school dropouts. The accused's father is a mason and the accused had come to Delhi from his native village Uttar Pradesh two months ago. The victim's father is an auto-driver.
Hindustan Times
3 hours ago
- Hindustan Times
‘It was consensual': Court gives teacher, 40, bail over sexual relationship with 16-year-old boy
The 40-year-old female teacher of a prominent Mumbai school who was booked under the Protection of Children from Sexual Offences (POCSO) Act for engaging in sexual activity with one of her students, was granted bail on the grounds that the boy was over 16 years of age, and evidence shows there was a 'consensual relationship subsequently.' In her bail plea, accused teacher said the boy was emotionally attached to her and referred to her as his 'wife'.(Unsplash/representational) As reported earlier by HT, the teacher had been arrested for allegedly sexually assaulting the minor student on multiple occasions for over a year and for allegedly luring him to five-star hotels, plying him with alcohol and then engaging in sex with him. She was arrested last month after the boy's family complained to the police. In a detailed order, the special court for cases under POCSO Act noted that the accused's resignation from the school last year — during which the alleged sexual assaults took place — had diluted the 'student-teacher dynamic.' Special judge Sabina Malik also said the trial will take time to commence, so keeping the woman behind bars would not serve any purpose. The court granted the woman bail after considering that she is the mother of two minor children. 'He has a tattoo of my name' The accused has denied all the allegations, claiming the FIR was 'motivated' and filed at the insistence of the boy's mother who disapproved of their relationship. In her bail plea, she stated that the boy was emotionally attached to her and referred to her as his 'wife'. She also claimed that he had sent her affectionate messages and handwritten notes, and had a tattoo of her name on his body, adding that these facts were deliberately omitted from the police complaint. The teacher also claimed that she had resigned from the school in April 2024 to distance herself from the boy and insisted that she would only meet him with his mother's permission. However, he continued to contact her, she alleged. According to the FIR, from January 2024 to February 2025, the woman had sex with the boy at various five-star hotels and also in her car. She allegedly also gave him alcohol and medication for anxiety, and used a female colleague to persuade him to meet her. She then resigned from the school last year after the boy passed Class 11. 'Made to sign document in Marathi, did not understand' In the bail order, the court noted, 'As the accused had resigned from the school, the relationship of a teacher and student no longer existed and, hence, the influence was diluted.' The court also took note of the accused's contention that the police had provided the grounds of her arrest to her in Marathi, a language she does not understand, and that she was made to sign the documents without a translation. The court recorded this as part of its reasoning while noting improper compliance with arrest procedures under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). In her bail plea, the accused pointed to her responsibilities as a single mother of 11-year-old twins — one of whom suffers from a respiratory condition — as grounds for leniency. She submitted her daughter's medical records and argued that her incarceration was affecting the children's education and mental health. Opposing bail, both the prosecution and the complainant cited trauma, threats, and concerns over tampering with evidence. However, the court said these risks could be addressed through strict bail conditions. 'The potential risk to the victim, if any, could be catered to by imposing necessary terms and conditions,' the court order stated, while also warning that 'breach of any condition will amount to cancellation of bail'. The teacher was granted bail on furnishing a personal bond of ₹50,000, with one or more solvent sureties of the same amount. She was directed not to contact the victim or witnesses, tamper with evidence, or leave Mumbai without the court's permission. (Reported by Vikrant Jha)
Hindustan Times
6 hours ago
- Politics
- Hindustan Times
Age of consent must stay 18: Centre to Supreme Court
The Union government on Wednesday opposed any move to lower the age of consent under the Protection of Children from Sexual Offences (POCSO) Act or introduce exceptions for adolescent relationships, telling the Supreme Court that such dilution, 'even in the name of reform or adolescent autonomy,' would dismantle the statutory shield meant to safeguard minors and risk opening the door to child abuse. The Centre firmly urged the top court to reject any proposition to amend or dilute the age of consent, stating that such a move would embolden exploitative conduct and harm the very children the law seeks to protect. (HT Photo) In its written submissions filed before a bench of justices Vikram Nath and Sandeep Mehta, the government underscored that the current threshold of 18 must remain 'strictly and uniformly enforced' to maintain the integrity of child protection laws and uphold the best interests of minors. 'The statutory age of consent fixed at eighteen years must therefore be strictly and uniformly enforced. Any departure from this standard, even in the name of reform or adolescent autonomy, would amount to rolling back decades of progress in child protection law,' the Centre said, adding that 'introducing a legislative close-in-age exception or reducing the age of consent would irrevocably dilute the statutory presumption of vulnerability that lies at the heart of child protection law.' The Centre's categorical stand assumes significance amid a deluge of cases where courts are increasingly confronted with situations involving consensual relationships between adolescents, often leading to the prosecution of young boys under POCSO, even when the alleged victim does not complain of coercion or exploitation. The Centre's response comes in the wake of concerns raised by senior advocate Indira Jaising, who, in her capacity as amicus curiae, had submitted earlier this year that mandatory reporting of all sexual activity involving minors, even consensual encounters between adolescents, was leading to the criminalisation of young people and severely compromising the health rights, privacy, and autonomy of adolescent girls. Jaising and senior advocate Sidharth Luthra are assisting the top court in a 2012 public interest litigation filed by advocate Nipun Saxena. The matter is expected to be taken up again on Thursday. Emphasising the deliberate and coherent statutory policy behind setting 18 as the age of consent, the Centre, however, stated: 'The legislative determination to fix the age of consent at eighteen years, and to treat all sexual activities with a person below that age as an offence irrespective of purported consent, is a product of a deliberate, well-considered and coherent statutory policy.' This policy, the submissions said, is reflected not just in the POCSO Act but also across several legal instruments, including the Indian Penal Code, its successor the Bharatiya Nyaya Sanhita (BNS), the Indian Majority Act, the Juvenile Justice Act, and the Prohibition of Child Marriage Act -- all of which view individuals under 18 as legally incapable of full agency in decisions with lasting consequences. 'It is submitted that this policy decision is an outcome of careful and ongoing legislative discussions, considering India's cultural diversity, socio-economic conditions, and the practical challenges faced across the country,' the government said. 'It reflects a clear understanding of the vulnerability of minors, the common occurrence of coercion and manipulation in such situations, and the challenges in proving the absence of consent when minors are involved,' added the submissions, settled by additional solicitor general Aishwarya Bhati. The government also warned that lowering the age of consent would shift focus from the conduct of the accused to the perceived willingness of the child, undermining the spirit of child-centric justice and increasing the risk of victim-blaming. 'A diluted law risks opening the floodgates to trafficking and other forms of child abuse under the garb of consent…such a shift would inevitably lead to the re-victimisation of the child by shifting the focus from the unlawful conduct of the accused to the credibility of the child's version,' it further noted. While acknowledging that some adolescent relationships may be consensual and born out of 'emotional curiosity or mutual attraction,' the Centre maintained that these instances must be left to the courts to evaluate individually, and should not become the basis for legislative change. 'Such instances must be carefully scrutinised by courts on a case-by-case basis, using discretion and sensitivity to the facts. This judicial discretion, however, is distinct from legislative dilution. The moment the statute begins to generalise such exceptions, it weakens the bright-line protective standard that currently acts as a deterrent and shield for all children,' the submissions stated. Referring to data cited by the Parliamentary Standing Committee on Human Resource Development in its 240th Report, the government highlighted that more than 50% of sexual offences against children are perpetrated by persons known to the victim, including family members, caregivers, and teachers, which, it said, are relationships often marked by a power imbalance that prevents children from resisting or reporting abuse. 'In such cases, presenting 'consent' as a defence only victimises the child, shifts the blame onto them, and undermines the very object of POCSO to protect children from exploitation regardless of whether they were 'willing',' the Centre said. It further asserted that strict liability under POCSO is not punitive but protective, recognising that minors, regardless of physical maturity, are often incapable of giving informed consent, especially under social, familial, or economic pressure. 'This principle is not confined to a single enactment but is consistently reflected across multiple enactments…This formulation is a deliberate choice, grounded in the recognition that minors lack the legal and developmental capacity to give meaningful and informed consent in matters involving sexual activity,' the government submitted. Invoking international commitments, the Centre also pointed to India's obligations under the UN Convention on the Rights of the Child (UNCRC), which defines a child as anyone under 18 and mandates States to protect them from all forms of sexual exploitation and abuse. The POCSO Act, it added, was 'enacted in direct response to this obligation, codifying a strict liability regime wherein all sexual acts with children under 18 are criminalised, irrespective of perceived consent.' The Centre firmly urged the top court to reject any proposition to amend or dilute the age of consent, stating that such a move would embolden exploitative conduct and harm the very children the law seeks to protect.
Time of India
11 hours ago
- Time of India
19-year-old gets life imprisonment till last breath for gangrape of minor
Surat: A 19-year-old man was sentenced to life imprisonment till last breath for the gangrape of a 15-year-old girl by a special court for the Protection of Children from Sexual Offences (POCSO) Act in Dharampur of Valsad. The convict and and a 15-year-old boy had raped the minor in the bathroom of a school . The cases against the minor accused are being heard by the Juvenile Justice Board. Special POCSO court Judge M A Mirza found him guilty of gangrape, wrongful restraint, kdnapping, and POCSO Act sections of penetrative sexual assault, gang penetrative sexual assault on a child), aggravated penetrative sexual assault and others. On Aug 24 last year, the accused and his friend kidnapped the minor on a motorcycle when she was returning from a grocery shop near her home in a village of Dharampur taluka. They took her to a nearby Ashram Shala school building and raped her in the bathroom. The school was closed due to a holiday. Meanwhile, a boy from the village came to the survivor's home and informed her father about kidnapping. The father went in that direction and found the two boys coming out of the school and running towards a hill. The minor was found in the bathroom with severe injuries. Her parents found a motorcycle and a mobile phone of the accused at the spot. The two were arrested after a few days. The court ordered Rs 6 lakh compensation to the survivor under the Gujarat Victim Compensation Scheme. At the same time, the ordered action against the medical officer of Valsad GMERS hospital, Dr Tanmay Patel, who submitted in court that the bleeding from the private part of the survivor was due to the menstrual cycle. "The court questioned Dr Patel to explain the characteristics of menstrual blood if the bleeding of the survivor matched. The survivor was not wearing a sanitary pad as well," said Anil Tripathi, district government pleader, Valsad. "It transpires from the records that Dr Tanmay was negligent in performing his duty. Despite the survivor describing the history of the crime to him, he claimed the bleeding from the private part of the minor was of the menstrual cycle without any verification or investigation using scientific methods. It is found to be opposite to the other evidence of the medical officer," the court observed. The Supreme Court and the law have mentioned the required sensitivity and diligence in such cases from medical officers. Despite that, Dr Tanmay submitted opposite evidence to the facts of the crime in the court. "The court takes serious note of the behaviour of Dr Tanmay Patel. The court directs that he should be given training, actions should be taken against him, and his clarification should be asked so that such a thing is not repeated, the court stated in the order.
Hindustan Times
16 hours ago
- Hindustan Times
Minor boy's testimony gets five-year RI for man under POCSO Act
Thane, Holding the testimony of a minor boy trustworthy, a special court has convicted a man under provisions of the POCSO Act for sexual assault and sentenced him to rigorous imprisonment of five years. Minor boy's testimony gets five-year RI for man under POCSO Act Special Judge D S Deshmukh also imposed a ₹5,000 fine on Ravikumar Rohidas, while acquitting him of the charges related to carnal intercourse against the order of nature and aggravated penetrative sexual assault . The fine amount will be paid to the victim as compensation. The copy of the July 19 order became available on Wednesday. Rohidas, then 24 years old, allegedly lured the boy, who was five years old, with chocolates to accompany him on May 13, 2022, the prosecution said. The child returned home injured the next day, recounting that Rohidas took him to a creek, assaulted him with a stone on his cheek, threatened him, removed his clothes, and touched his private parts with sexual intent. The special court examined seven witnesses. "The sole testimony of the victim child would suffice to hold that accused with sexual intent did aggravated sexual assault on him," the judge stated, relying on medical evidence that corroborated injuries on the victim's face, including abrasions. The judge emphasised that the sutures given to the child indicated a blow by a sharp object, and dismissed the defence's argument that injuries could be from playing. The court, however, acquitted Rohidas of charges of carnal intercourse and penetrative sexual assault. "There is nothing on record to hold that the accused did carnal intercourse with the victim child. Also, it is not proved that he did aggravated penetrative sexual assault on the victim child," the judge noted. He dismissed the defence's arguments that Rohidas was falsely implicated due to an old dispute between him and the family of the child. "The accused's claim of false implication due to a previous fight with the victim's father was dismissed as improbable, given the child's injuries", the order stated. Rohidas was convicted under the Protection of Children from Sexual Offences Act, 2012 and sections pertaining to kidnapping and voluntarily causing hurt of the Indian Penal Code, the prosecution said. The court took a "lenient view considering the nature of the offence, submissions of the accused and his detention in jail." This article was generated from an automated news agency feed without modifications to text.
