W. DIENGDOH
Mohammad Saimullah – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. This is an application under Section 482 Cr.P.C, with a prayer to set aside and quash the criminal proceedings against the petitioner and the portion of the impugned order dated 18.11.2021 whereby, charges were framed against the petitioner in Special (POCSO) Case No. 58 of 2020.
2. Heard Mr. S.C. Chakrawarty, learned Sr. counsel along with Ms. A. Barua, learned counsel for the petitioner who has submitted that an FIR dated 23.04.2020 was lodged before the Officer-In-Charge Madanrting P.S by the respondents No. 2 & 3 herein as complainants. In the said FIR, it was alleged that on 15.04.2020, their minor daughter of nine years old, while she was playing near her house, some persons were playing cards and one of them asked her for a glass of water and at that time, he grabbed her hand, but the said minor daughter managed to run away. Another incident which happened on 19.04.2020 involving the said minor daughter and another person was also noted down in the said FIR, however, the petitioner herein is concerned only with the first incident as he is the named accused in that said FIR.
3. It is further submitted that on the FIR being acknowledged, Madanrting P.S Case No. 32(4)2
The central legal point established in the judgment is the interpretation of 'sexual intent' in the context of physical contact without penetration under Section 7 of the POCSO Act.
The central legal point established in the judgment is the interpretation of 'sexual intent' in the context of physical contact without penetration under Section 7 of the POCSO Act.
The central legal point established in the judgment is the interpretation of 'sexual intent' under Section 7 of the POCSO Act, emphasizing the requirement for an act to be considered as sexual assaul....
Conviction under POCSO Act requires proof of sexual intent, which was not established, leading to appellant's acquittal.
(1) Most important ingredient for constituting offence of sexual assault under Section 7 of POCSO Act is “sexual intent” and not “skin to skin” contact with child.(2) Interpretation of Section 7 of P....
The court established that sexual contact between an adult and a minor, even with the minor's consent, can constitute penetrative sexual assault and aggravated penetrative sexual assault under the PO....
The interpretation of sexual intent under the POCSO Act, emphasizing that any act involving physical contact with sexual intent, even without skin-to-skin contact, constitutes sexual assault.
(1) Attempt to outrage modesty of minor girl – In order to bring home charge under Section 354 of IPC thereof, prosecution is required to establish that accused, with criminal or sexual intent, assau....
The act of touching a minor's breast constitutes sexual assault under Section 8 of the POCSO Act, affirming that sexual intent is sufficient to establish culpability irrespective of skin contact.
The conviction under the POCSO Act was upheld amidst witness discrepancies, highlighting the importance of victim's consistent testimony; sentence was modified to five years for proportionality based....
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