BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
L.VICTORIA GOWRI
Mikavel – Appellant
Versus
The State of Tamilnadu, Rep. by, the Inspector of Police, Thiruchendur AWPS – Police Station, Thoothukudi – Respondent
ORDER :
Common Prologue:
(For the Compendium of Child-Welfare Oriented Orders under the POCSO Regime)
This Court has consciously chosen to present the following four matters together in the form of a single compendium of judicial orders, not for the purpose of sensationalising instances of alleged false implication under the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act”), but rather as a larger child-welfare centred constitutional exercise intended to provoke institutional introspection, academic engagement, policy reflection, and systemic reform concerning the manner in which children are presently dealt with within the criminal justice administration.
2. Though arising from different factual backgrounds, districts, and individual narratives, all the four cases placed before this Court revealed one deeply disturbing common feature namely, that children who entered the justice delivery system under the protective umbrella of the POCSO Act ultimately became exposed to varying degrees of emotional confusion, psychological strain, procedural insensitivity, institutional inadequacy, repetitive narration of allegations, social stigma, fami
The main legal point established in the judgment is the entitlement of the child to legal representation, participation in proceedings, and the mandatory presence of the informant or authorized perso....
(1) Courts must follow and implement law – Courts cannot commit violence against law.(2) Kidnapping and rape of minor girl – When such offences of rape and aggravated penetrative sexual assault are c....
The court ruled that allegations under the POCSO Act were used by a parent to manipulate judicial proceedings, emphasizing the protective role of the law against abuse in custody disputes.
The court emphasized that failure to support the prosecution does not equate to false testimony, protecting victims from unjust accusations.
The court mandates the prompt establishment of Special Courts and legal provisions under the POCSO Act to ensure the timely and sensitive handling of child sexual abuse cases.
The main legal point established in the judgment is the significance of CWC reports in bail proceedings under the POCSO Act, 2012, and the need for standardized evaluation systems and interdisciplina....
(1) Statement recorded under Section 164 of Cr.P.C. made in the course of investigation by the victim child, cannot be considered as evidence recorded under Section 35 of POCSO Act.(2) If there is a ....
The victim and their family are entitled to be informed about the status of legal proceedings but are not required to be made parties in appeals or applications for suspension of sentence under the P....
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