POCSO Act: Sexual Assault Case
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POCSO Act: Sexual Assault Case

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Questions and Answers

What was the outcome of the appeal against the conviction under the POCSO Act?

  • The appeal was partially allowed, and the sentence was reduced
  • The appeal was dismissed, and the conviction was upheld (correct)
  • The appeal was adjourned, and the case was sent back to the lower court
  • The appeal was allowed, and the conviction was overturned
  • What was the age of the victim at the time of the incident?

  • 12 years and 7 months (correct)
  • 12 years and 9 months
  • 12 years and 6 months
  • 12 years and 8 months
  • Under which section of the Indian Penal Code was the accused convicted?

  • Section 504
  • Section 507
  • Section 506 (correct)
  • Section 505
  • Why did the court consider the delay in filing the FIR as justifiable?

    <p>Because the victim was a minor and did not comprehend the nature of the assault</p> Signup and view all the answers

    What was the medical report's conclusion regarding the possibility of sexual intercourse?

    <p>The medical report concluded that sexual intercourse was possible</p> Signup and view all the answers

    What was the outcome of the court's evaluation of the victim's testimony?

    <p>The court found the victim's testimony to be consistent and honest</p> Signup and view all the answers

    Which of the following was NOT a factor considered by the court in justifying the delay in filing the FIR?

    <p>The victim's parents' influence</p> Signup and view all the answers

    What was the frequency of the sexual assault committed by the accused?

    <p>The accused sexually assaulted the minor three times</p> Signup and view all the answers

    What was the significance of the case of Narinder Kumar vs. State (NCT of Delhi) 2012?

    <p>It established that a conviction can be based solely on the prosecutrix's testimony</p> Signup and view all the answers

    What was the court's conclusion regarding the complainant's turning hostile?

    <p>The court concluded that the complainant's turning hostile was not a significant factor in the case</p> Signup and view all the answers

    Study Notes

    POCSO Act Case

    • The Punjab & Haryana High Court dismissed an appeal against a conviction under the Protection of Children from Sexual Offences Act (POCSO Act) for the sexual assault of a 12-year-old girl.

    Delay in Filing FIR

    • A seven-day delay in filing the FIR was not detrimental to the case, as the court considered the victim's age and the circumstances.
    • The court understood that a 12-year-old victim may not immediately comprehend the nature of the assault, and some delay in reporting is understandable.

    Conviction and Charges

    • The accused was convicted under Section 506 of the Indian Penal Code and Section 8 of the POCSO Act for sexually assaulting the minor three times in one week.

    Rejected Arguments

    • The delay in FIR registration was deemed justifiable given the victim's age and the circumstances.
    • The contention about lack of proof of the victim's age was dismissed, as school records conclusively established she was 12 years and 7 months old at the time of the incident.
    • The argument about lack of medical evidence was refuted, as the medical report indicated the possibility of sexual intercourse and noted small lacerations.

    Victim's Testimony

    • The court found the victim's testimony to be consistent, honest, and guileless.
    • A conviction can be based solely on the prosecutrix's testimony if it inspires confidence, citing the case of Narinder Kumar vs. State (NCT of Delhi) 2012.

    Appeal Dismissal

    • The court dismissed the appeal, upholding the original conviction under the POCSO Act.
    • The factors presented by the defense, including the complainant turning hostile, did not significantly impact the case.

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    Description

    A Punjab & Haryana High Court ruling on a POCSO Act case involving the sexual assault of a 12-year-old girl. The court considered the delay in filing the FIR and the victim's understanding of the assault.

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