Back
A HARIPRASAD, M. R ANITHA
State of Kerala Rep. by the State Public Prosecutor, High Court of Kerala – Appellant
Versus
Madhu @ Kutti Madhu S/o Manikandan – Respondent
JUDGMENT :
A. HARIPRASAD, J.
1. Abhorrent child abuses and inexcusable indifference to the crime are some of the gravest social evils prevalent in the present society. A child can be abused in many ways. Mental, physical and sexual abuses are some of them. Multi-dimensional complexities of human life, misuse of social media platforms and changed socio-economic conditions expose the children to new and different forms of abuses. It includes causing mental and physical injuries, neglecting, blaming, forced sexual serfdom, incest exploitation, etc. Child abuses take place in their homes, schools, orphanages and residential care facilities. Even on the streets, in work places and in prisons too such violations occur. Violence in any form will cause a deep impact and leave an indelible scar in the mind of the child. Child abuse results in a real or potential harm to the child's health, personality development and dignity.
2. Sob story unfolded from the records in these cases utterly shock our conscience. It ought to have been so for the investigator, the prosecutor and the trial court too. Unfortunately, two tender aged girl children, who are uterine sisters, departed from this world un-av
Important points:If the public prosecutor does not examine material witnesses like medical officer and investigating officer due to negligence or for ulterior reasons, the trial Judge can take action....
(1) Level of integrity and capability expected of police officers investigating into offences against women and children, especially those under POCSO Act, are very high.(2) Judge does not preside ov....
Provisions of Section 303 of the Cr.P.C. gives right to any person accused of an offence before a criminal Court to be defended by a pleader of his choice. The provisions of Section 304 of the Code o....
The High Court holds inherent power to prevent abuse of process in cases involving children. Whilst prioritizing child protection, the court must ensure that the justice system does not become an ins....
The need for strong, compelling, and reliable evidence to prove the guilt of the accused in a criminal case, and the distinction between the trial of Sessions case and the trial held before the Judic....
Point of law: Article 21 of Constitution not only takes within its fold, the enforcement of the rights of the accused but also the rights of the deceased.
The prosecution must investigate mental health issues adequately when raised as a defense, as failure to do so can result in a miscarriage of justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
