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S. VISHWAJITH SHETTY
Somashekar S/o Shekar Pujari – Appellant
Versus
State By Rural Police Station Authorities – Respondent
ORDER :
1. Accused in Spl.C.No.279/2023 pending before the Court of Addl. District & Sessions Judge, FTSC-I, Hassan, for the offences punishable under Sections 448, 504, 305 of IPC, Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'Atrocities Act'), arising out of Crime No.67/2023 registered by Sakaleshpura Rural Police Station, Hassan District, is before this Court under Section 439 of Cr.PC.
2. Heard the learned Counsel for the petitioner and the learned HCGP for respondent no.1. Respondent no.2/defacto complainant though served in the matter, has remained unrepresented.
3. The defacto complainant, who belongs to Scheduled Caste community, had approached Sakaleshpura Rural Police Station and submitted a typed complaint dated 17.03.2023 at about 3.00 p.m., alleging that the petitioner who is the resident of their village was pestering her minor daughter aged about 17 years to love him. On 17.03.2023 at about 11.00 a.m., petitioner allegedly came to the house of the complainant and called out her minor daughter's name. W
Bail application – In cases where offences punishable under provisions of Atrocities Act and POCSO Act are invoked, petition under Section 439 Cr.P.C. before High Court is maintainable.
The main legal point established in the judgment is the overriding effect of the provisions of the POCSO Act on the provisions of the Atrocities Act in cases involving offences under both Acts, and t....
Charges under POCSO can be framed without new allegations if based on existing evidence, emphasizing the seriousness of claims made against the accused.
(1) Bail – At stage of deciding an application for bail, it is not necessary to hold a mini trial – Deciding application for bail stands on a different pedestal than deciding a criminal case after co....
Sections 3 of Protection of Children from Sexual Offences Act, 2012 reads as penetrative sexual assault.
The trial court failed to determine the accused's age under the Juvenile Justice Act and POCSO Act, making its jurisdictional ruling invalid.
Sexual harassment of girl child – Alleged expression [xxx I Love You] by accused alone would not constitute “sexual assault” as provided under Section 7 of POCSO Act.
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