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SURYA KANT, JOYMALYA BAGCHI, N. V. ANJARIA
In Re: Order dated 17. 03. 2025 Passed by the High Court of Judicature at Allahabad in Criminal Revision No. 1449 of 2024 and Ancillary Issues – Appellant
Versus
. – Respondent
JUDGMENT
SURYA KANT, J.
Permission to file Special Leave Petitions in Diary No. 15692 of 2025
2. Application for intervention is allowed.
3. Leave granted.
4. The instant suo motu writ petition was registered in accordance with the directions of Hon’ble the Chief Justice of India, prompted by a letter dated 20.03.2025 received from an organisation named ‘We the Women of India’, through its Founder President, Ms. Shobha Gupta, Senior Advocate.
5. Vide the said letter, she brought our attention to a judgment dated 17.03.2025 passed by a Single Judge of the High Court of Judicature at Allahabad (“High Court”) in Criminal Revision No. 1449/2024, whereby the learned Single Judge has modified the order of summons dated 26.03.2023 issued by the Special Judge (POCSO), Kasganj to two accused persons in Complaint Case No. 23/2022. While the Trial Court had originally issued summons under Section 376 of the Indian Penal Code, 1860 (“IPC”) read with Section 18 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”), the High Court has revised the same to be under a lesser charge under Section 354B of the IPC read with Sections 9 and 10 of the POCSO Act. As per the High Court, this
Judicial system, as a cohesive framework, is designed to deliver justice and satisfaction to citizens who seek redressal of their grievances before it.
(1) There is a visible distinction between ‘preparation’ and ‘attempt’ to commit an offence and it all depends on statutory edict coupled with nature of evidence produced in a case.(2) What constitut....
Important Points(1) Bail – Crime against women – Courts should desist from expressing any stereotype opinion. A module on gender sensitization be included, as part of foundational training of every J....
The evidentiary value of child witnesses in rape cases can establish conviction if their testimony is credible; penalties must reflect the gravity of crimes against minors.
(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....
Prompt and proper reporting of commission of offence under POCSO Act is of utmost importance – Non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more ofte....
(1) It is not the practice of Apex Court to reappreciate evidence for the purpose of examining whether finding of fact concurrently arrived at by High Court and subordinate courts is correct or not.(....
Penetrative sexual assault on minor girl – Minor victims of sexual assault need rehabilitation and constant care in future – Measures for adolescent well-being and child protection need priority.
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