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Protection of Children from Sexual Offences Act, 2012

656 judgments · newest first · showing 601–656

RAJASEKARversusSTATE REP. BY THE INSPECTOR OF POLICE

2024 INSC 96

The appellant was convicted under sections 3(a) and 4 of the Protection of Children from Sexual Offences (POCSO) Act and sentenced by the Sessions Court to ten years of rigorous imprisonment, a fine of Rs.5,000, a three‑month default sentence of simple imprisonment and a compensation of Rs.1,00,000 …

PURUSHOTHAMANversusSTATE OF TAMIL NADU

2023 INSC 970Appeal(s) allowed

The appellant was convicted under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and, on appeal, the High Court suspended his sentence and released him on bail under Section 389(1) of the CrPC. When the appeal was listed for hearing, the appellant's counsel sought a four‑week …

NAVEEN @ AJAYversusTHE STATE OF MADHYA PRADESH

2023 INSC 936Disposed off

The appellant, Naveen (alias Ajay), was convicted and sentenced to death for the rape and murder of a three‑month‑old girl under multiple provisions of the IPC and the POCSO Act. The trial was completed in fifteen days, during which a legal‑aid counsel was appointed only hours before the case began …

THE STATE OF MADHYA PRADESH AND OTHERSversusBHUPENDRA YADAV

2023 INSC 837Appeal(s) allowed

The respondent, Bhupendra Yadav, applied for a constable post in the Madhya Pradesh police and truthfully disclosed in his verification form that he had been tried for offences under IPC and the POCSO Act, but was acquitted by the trial court. The Superintendent of Police deemed him unfit on the …

MUNNA PANDEYversusSTATE OF BIHAR

2023 INSC 793Disposed off

The appellant Munna Pandey was convicted and sentenced to death for the rape and murder of a ten‑year‑old girl, based largely on circumstantial evidence and the testimony of witnesses whose statements to police were not properly confronted. The Supreme Court examined whether the High Court erred in …

BHAGWAN SINGHversusDILIP KUMAR @ DEEPU @ DEPAK AND ANOTHER

2023 INSC 761Appeal(s) allowed

The Supreme Court examined an appeal against a Rajasthan High Court order that granted bail to three accused in a gang‑rape case involving a 15‑year‑old girl. The FIR alleged offences under Sections 376D, 384, 506 IPC, Sections 3‑6 POCSO Act, Section 3(2)(v) SC/ST Act and Section 66 IT Act, with the …

SALIB @ SHALU @ SALIMversusSTATE OF U.P. AND ORS.

2023 INSC 687Appeal(s) allowed

The victim Husna filed FIR No.175/2022 alleging that several persons threatened her to withdraw an earlier FIR against her father‑in‑law. The appellant, Salib alias Salu, was not named in the original FIR but his name appeared for the first time in the informant’s further statement recorded under …

P. YUVAPRAKASHversusSTATE REP. BY INSPECTOR OF POLICE

2023 INSC 676Appeal(s) allowed

The appellant Yuvaprakash was accused of kidnapping a 17‑year‑old girl M, solemnising a marriage with her and having sexual intercourse. The victim’s statement under Section 164 CrPC claimed she eloped voluntarily and was in love with the appellant. The trial court convicted him under Section 6 of …

STATE OF U.PversusSONU KUSHWAHA

2023 INSC 603Appeal(s) allowed

The State of Uttar Pradesh appealed against a High Court order that reduced the conviction of Sonu Kushwaha from aggravated penetrative sexual assault under Section 6 of the POCSO Act to penetrative sexual assault under Section 4, thereby lowering his sentence. The facts involved Kushwaha inserting …

SANJAY DUBEYversusTHE STATE OF MADHYA PRADESH AND ANOTHER

2023 INSC 519Dismissed

The appeal concerned an Inspector, Sanjay Dubey, who was found prima facie guilty of dereliction of duty for failing to ensure DNA testing in a sensitive case involving offences under the IPC, POCSO Act, SC/ST Act and IT Act. While the High Court, hearing a bail application under Section 439 CrPC, …

KAUSHAL KISHORversusSTATE OF UTTAR PRADESH & ORS.

2023 INSC 4Reference answered

Writ Petition (Criminal) No. 113 of 2016 and Special Leave Petition (Diary) No. 34629 of 2017 were referred to a Constitution Bench to answer five questions concerning the scope of freedom of speech under Article 19(1)(a) and the enforceability of fundamental rights against non-State actors. The …

THE STATE OF MAHARASHTRA & ANR.versusDR. MAROTI S/O KASHINATH PIMPALKAR

2022 INSC 1152Appeal(s) allowed

The State of Maharashtra filed a criminal appeal against the quashing of FIR No.185/2019 and the charge‑sheet against Dr. Maroti, a medical practitioner, who was alleged to have failed to report sexual assaults on minor tribal girls in a hostel as required under the Protection of Children from …

MOHD. FIROZversusSTATE OF MADHYA PRADESH

2022 INSC 1129Appeal(s) allowed

The appellant, Mohd. Firoz, was convicted of rape and related offences under Sections 376(2)(i), 376(2)(m) and 376A of the IPC and Sections 5(i), 5(m) read with 6 of the POCSO Act, and was sentenced to life imprisonment (with the qualification ‘remainder of his natural life’) for the IPC offences …

SUMITHA PRADEEPversusARUN KUMAR C.K & ANR.

2022 INSC 1133Appeal(s) allowed

The appellant, mother of a 12‑year‑old girl, alleged that her brother‑in‑law sexually assaulted the child, causing severe trauma and a decline in academic performance. An FIR was filed under IPC sections 354 and 354A and POCSO Act sections 7, 8, 9 and 11. The Sessions Court denied anticipatory bail …

XYZversusABHISHEIK & ANR

2022 INSC 905Appeal(s) allowed

The appellant XYZ, a minor, alleged that she was gang‑raped by the first respondent ABHISHEIK and others. The FIR was lodged on 24 July 2015. The accused claimed he was a juvenile at the time of the offence and produced a matriculation certificate, a school birth register entry and a municipal birth …

MANENDRA PRASAD TIWARIversusAMIT KUMAR TIWARI & ANR.

2022 INSC 1317Appeal(s) allowed

The father of a 17‑year‑old girl who delivered a baby and then committed suicide filed an FIR alleging rape under IPC s.376 and the POCSO Act against Amit Kumar Tiwari. The Special Judge framed charges, but the accused obtained a criminal revision under CrPC s.397/401 and the High Court discharged …

MANOJ PRATAP SINGHversusTHE STATE OF RAJASTHAN

2022 INSC 652Dismissed

Manoj Pratap Singh was convicted of kidnapping, raping and murdering a seven-and-a-half-year-old mentally and physically disabled girl. The prosecution proved its case through a complete chain of circumstantial evidence, including DNA matches, blood‑stained clothing, the victim’s body recovered at …

VEERENDRAversusSTATE OF MADHYA PRADESH

2022 INSC 565Case Partly allowed

The appellant, Veerendra, a cousin of the victim’s mother, was found to have raped and strangled to death an eight‑year‑old girl, the daughter of his cousin sister. While in police custody he disclosed the location of the body, which was recovered from a dilapidated building. Post‑mortem and …

MOHD. FIROZversusSTATE OF MADHYA PRADESH

2022 INSC 429Appeal(s) allowed

The appellant, Mohd. Firoz, was convicted for the rape, sexual assault and murder of a four‑year‑old girl, under Sections 302, 376(2)(i), 376(2)(m), 363, 366 IPC and Sections 5(i), 5(m), 6 POCSO. The prosecution relied on circumstantial evidence, the "last seen together" theory, DNA evidence and the …

GANGADHAR NARAYAN NAYAK @ GANGADHAR HIREGUTTIversusSTATE OF KARNATAKA & ORS.

2022 INSC 318Matter referred to larger bench

The appellant, an editor, published a news report disclosing the name of a 16‑year‑old girl who was a victim of sexual harassment, leading to a complaint under Section 23 of the Protection of Children from Sexual Offences Act (POCSO). The police investigated, filed a charge‑sheet and the Special …

PAPPUversusTHE STATE OF UTTAR PRADESH

2022 INSC 164Case Partly allowed

The appellant, Pappu, lured a seven‑year‑old girl under the pretext of picking lychees, raped and murdered her, and later disclosed the location of her body to the police. He was convicted by the trial court and the High Court of offences under IPC sections 376, 302 and 201 and POCSO sections 5 and …

NAWABUDDINversusSTATE OF UTTARAKHAND

2022 INSC 162Case Partly allowed

The appellant, Nawabuddin, a neighbour, abducted a four‑year‑old girl, removed both their clothes, fondled her private parts and inserted his finger into her vagina; he was caught red‑handed and the victim later reported pain, irritation and swelling, corroborated by a medical examination. He was …

BHAGWANIversusTHE STATE OF MADHYA PRADESH

2022 INSC 52Case Partly allowed

The appellant was convicted of kidnapping, raping and murdering an 11‑year‑old girl after she disappeared from a village ceremony. Circumstantial and forensic evidence, including DNA matches to the co‑accused Satish and blood‑stained clothing recovered from the appellant's cowshed, linked the …

SMRUTI TUKARAM BADADEversusSTATE OF MAHARASHTRA & ANR

2022 INSC 39Disposed off

The Supreme Court entertained a miscellaneous application seeking implementation of guidelines for recording evidence of vulnerable witnesses in criminal matters, following earlier pronouncements in Sakshi and Bandu @ Daulat. The Court examined the need for special centres to provide a barrier‑free …

LOCHAN SHRIVASversusTHE STATE OF CHHATTISGARH

2021 INSC 882Case Partly allowed

The appellant, a 23‑year‑old resident of Chhattisgarh, was convicted of kidnapping, rape, murder and related offences after a missing‑child case led to his confession and the recovery of the victim’s body from a concealed sack. The trial court sentenced him to death for murder and to rigorous …

ATTORNEY GENERAL FOR INDIAversusSATISH AND ANOTHER

2021 INSC 762Disposed off

The Supreme Court examined two convictions under the Protection of Children from Sexual Offences (POCSO) Act – one involving a 12‑year‑old girl (Satish) and another involving a 5‑year‑old girl (Libnus). The central issue was the interpretation of Section 7, specifically whether "touch" or "physical …

MANOJ MISHRA @ CHHOTKAUversusTHE STATE OF UTTAR PRADESH

2021 INSC 640Case Partly allowed

The appellant was convicted for kidnapping, rape, and related offences after the father of a minor girl filed a complaint alleging that the appellant and others had enticed and assaulted his daughter. The trial court and the Allahabad High Court upheld convictions under Sections 363, 366, 376-D IPC …

APARNA BHAT & ORS.versusSTATE OF MADHYA PRADESH & ANR.

2021 INSC 192Disposed off

The Supreme Court examined a bail order that required the accused, who was charged with sexual harassment and related offences, to visit the complainant’s house, tie a rakhi, and give gifts as a condition of bail. The Court held that such conditions amount to judicial overreach, compel contact with …

SHATRUGHNA BABAN MESHRAMversusSTATE OF MAHARASHTRA

2020 INSC 624Case Partly allowed

A two‑and‑a‑half‑year‑old girl was abducted, brutally raped and murdered by her maternal uncle, Shatrughna Baban Meshram. The trial court convicted the appellant under Sections 302, 376(1), 376(2)(f,i,m) and 376A of the IPC and Section 6 of the POCSO Act, imposing death sentences on the charges of …

GANESANversusSTATE REPRESENTED BY ITS INSPECTOR OF POLICE

2020 INSC 596Dismissed

Ganesan was convicted under Section 7 read with Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 based solely on the testimony of a 13‑year‑old victim (PW‑3). The trial court sentenced him to three years’ rigorous imprisonment (the minimum under Section 8) and ordered …

AHMAD ALI QURAISHI AND ANR.versusTHE STATE OF UTTAR PRADESH & ANR.

2020 INSC 112Appeal(s) allowed

The appellants, who are neighbours of the complainant, were involved in a long‑standing property dispute with the complainant's father. On 19 July 2016 a quarrel occurred, after which the police recorded proceedings under Sections 151, 107 and 116 of the CrPC and directed both parties to maintain …

ANOKHILALversusSTATE OF MADHYA PRADESH

2019 INSC 1399Disposed off

The appellant, Anokhilal, was convicted of kidnapping, rape and murder of a nine‑year‑old girl and sentenced to death along with several other terms of imprisonment. He was represented by an Amicus Curiae appointed by the Legal Services Authority on the same day that charges were framed, leaving the …

MANI PUSHPAK JOSHIversusSTATE OF UTTARAKHAND & ANR.

2019 INSC 1161Appeal(s) allowed

The father of a six‑year‑old girl filed an FIR alleging sexual assault by a teacher at her school. The child’s statements, recorded under Sections 161 and 164 of the CrPC, later identified two men, one wearing spectacles, as perpetrators; the latter was the school manager, not a teaching staff. The …

RAVISHANKAR @ BABA VISHWAKARMAversusTHE STATE OF MADHYA PRADESH

2019 INSC 1116Case Partly allowed

The appellant was convicted of kidnapping, raping and murdering a 13‑year‑old girl and of destroying her body. The prosecution proved the case through a chain of circumstantial evidence corroborated by DNA, medical and forensic findings, including a slipper belonging to the victim recovered from the …

RAVI S/O ASHOK GHUMAREversusTHE STATE OF MAHARASHTRA

2019 INSC 1114Disposed off

The appellant was found with a two‑year‑old girl under his bed after the child went missing; medical, eye‑witness, circumstantial and Y‑STR DNA evidence established that he kidnapped, raped (vaginal and unnatural intercourse) and murdered the child. The trial court and High Court convicted him under …

SASIKALA PUSHPA AND OTHERSversusSTATE OF TAMIL NADU

2019 INSC 636Disposed off

The appellants, including a former Rajya Sabha MP, filed anticipatory bail applications in a sexual harassment case and submitted a vakalatnama that purportedly bore their signatures dated 17 August 2016 in Madurai, although they were abroad at that time. The Madurai High Court held the vakalatnama …

KUMAR GHIMIREYversusTHE STATE OF SIKKIM

2019 INSC 549Case Partly allowed

Kumar Ghimirey was convicted under Sections 9 and 10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Section 341 of the IPC for attempting to sexually assault a seven‑year‑old girl, and was sentenced to seven years’ imprisonment and a fine. On appeal, the Sikkim High Court …

THE SECRETARY, LUCY SEQUEIRA TRUST AND ANR.versusKAILASH RAMESH TANDEL AND ORS.

2019 INSC 477Appeal(s) allowed

The appellant, a trust managing a private school, terminated the services of Assistant Teacher Respondent No.1 after an inquiry found him guilty of sexual harassment of adolescent girl students, based on two FIRs, charge‑sheets and witness testimony. The Inquiry Committee, comprising a Convenor, a …

DATTATRAYA @ DATTA AMBO ROKADEversusTHE STATE OF MAHARASHTRA

2019 INSC 247Appeal(s) allowed

The appellant was convicted of raping and murdering a five‑year‑old girl, with DNA evidence and an extra‑judicial confession establishing his guilt. The trial court sentenced him to death for murder and life imprisonment for rape, a sentence confirmed by the High Court. The Supreme Court examined …

NAND KISHOREversusSTATE OF MADHYA PRADESH

2019 INSC 58Case Partly allowed

The appellant, a 50‑year‑old manhole worker, was convicted of raping and murdering an eight‑year‑old girl based on circumstantial evidence, including eyewitness identification and forensic findings. The trial court and High Court upheld the conviction and imposed the death penalty, deeming the crime …

NIPUN SAXENA & ANR.versusUNION OF INDIA & ORS.

2018 INSC 1192Disposed off

The Supreme Court addressed the protection of identity of victims of sexual offences, both adult and child, under IPC s.228A, CrPC s.327 and the POCSO Act. It held that no person may publish the victim's name or any detail that could lead to identification, and FIRs relating to such offences must …

MAHENDER CHAWLA & ORS.versusUNION OF INDIA & ORS.

2018 INSC 1153Disposed off

The petitioners, who were witnesses or relatives of witnesses in the Asaram rape cases, alleged that they faced threats, attacks and even murders, and that the State failed to provide any protection, violating their right to a fair trial under Art. 21. They sought a court‑monitored …

LABHUJI AMRATJI THAKOR & ORS.versusTHE STATE OF GUJARAT & ANR.

2018 INSC 1049Appeal(s) allowed

The case arose from an FIR under IPC sections 363 and 366 and POCSO Act sections 3 and 4 alleging that a 14‑year‑old girl was abducted and sexually assaulted by Natuji Thakor. The victim’s later statements mentioned three other persons – Labhuji, Shashikant and Jituji – who were present in the …

DR. SR. TESSY JOSE AND OTHERSversusSTATE OF KERALA

2018 INSC 667Appeal(s) allowed

The victim, a minor at the time of rape, became pregnant and delivered a child at a hospital where three staff members – a gynecologist, a pediatrician and a hospital administrator – were later charged under Sections 19(1) and 21(1) of the Protection of Children from Sexual Offences (POCSO) Act, and …

ALAKH ALOK SRIVASTAVAversusUNION OF INDIA & ORS.

2018 INSC 433Disposed off

Alakh Alok Srivastava filed a writ petition seeking medical care and compensation for an eight‑month‑old girl who was a victim of an offence under the Protection of Children from Sexual Offences (POCSO) Act, and also sought directions for speedy disposal of POCSO cases across the country. The Court …

SAMPURNA BEHURAversusUNION OF INDIA & ORS.

2018 INSC 125Disposed off

Sampurna Behura filed a public‑interest writ petition under Article 32 seeking the implementation of the Juvenile Justice (Care and Protection of Children) Acts of 2000 and 2015, alleging that many states had failed to establish or properly staff Child Welfare Committees, Juvenile Justice Boards, …

MADAN MOHANversusSTATE OF RAJASTHAN & ORS.

2017 INSC 1233Appeal(s) allowed

Madan Mohan filed an application under Section 193 CrPC seeking the summoning of Ashish Meena and Vimal Meena as accused in a case already pending against two other persons. The Sessions Judge issued non‑bailable warrants against the two respondents. They filed a revision under Section 197 CrPC in …

BARUN CHANDRA THAKURversusCENTRAL BUREAU OF INVESTIGATION AND OTHERS

2017 INSC 1214Dismissed

The appellant, a grieving father, challenged the grant of anticipatory and interim bail to the top management executives of Ryan International School, who were accused in the murder of his 7‑year‑old son. The respondents filed bail applications in the Bombay High Court and later in the Punjab & …

INDEPENDENT THOUGHTversusUNION OF INDIA & ANR.

2017 INSC 1030Directions issued

The Supreme Court examined whether Exception 2 to Section 375 of the Indian Penal Code, which exempts a husband from rape liability when his wife is aged 15‑18, violates the Constitution and conflicts with the Protection of Children from Sexual Offences (POCSO) Act. The Court held that the exemption …

MS. EERA THROUGH DR. MANJULA KRIPPENDORFversusSTATE (GOVT. OF NCT OF DELHI) & ANR.

2017 INSC 658Disposed off

The appeal concerned the interpretation of Section 2(d) of the Protection of Children from Sexual Offences (POCSO) Act, 2012, where the appellant, a mentally retarded adult, argued that "age" should include mental age so that she could be treated as a child. The Court examined the POCSO Act's …

STATE OF BIHARversusRAJBALLAV PRASAD@ RAJBALLAV PP. YADAV@ RAJBALLABH YADAV

2016 INSC 1061Appeal(s) allowed

The State of Bihar appealed against the High Court’s order granting bail to Rajballav Prasad, an under‑trial accused charged with multiple serious offences under the IPC, POCSO Act and Immoral Traffic Act. The accused had initially evaded arrest, later surrendered, and his bail application was …

SATISH KUMAR JAYANTI LAL DABGARversusSTATE OF GUJARAT

2015 INSC 193Dismissed

Satish Kumar Jayanti Lal Dabgar was convicted under IPC sections 363 (kidnapping), 366 (kidnapping for marriage) and 376 (rape) for abducting and raping a girl who was under sixteen years of age. The trial court sentenced him to three years for kidnapping, five years for kidnapping for marriage and …

SALIL BALIversusUNION OF INDIA & ANR.

2013 INSC 474Dismissed

The Supreme Court heard a batch of writ petitions challenging Sections 2(k), 2(1), 15, 16, 17, 19 and 21 of the Juvenile Justice (Care and Protection of Children) Act, 2000, on the ground that the age limit of 18 years for juveniles was arbitrary and violated Articles 14 and 21 of the Constitution, …

SHANKAR KISANRAO KHADEversusSTATE OF MAHARASHTRA

2013 INSC 281Disposed off

Shankar Kisanrao Khade, aged about 52, and his wife abducted an 11‑year‑old girl with moderate intellectual disability, repeatedly raped her and later strangulated her to death. The trial court and the High Court convicted Khade under IPC sections 302, 376, 366‑A, 363 r/w s.34 and sentenced him to …