Articles by "POCSO"
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Ujjain (MP), Aug 21: A 14-year-old boy was sent to reform home for two years by a juvenile board here for raping a four-year-old girl, with the entire process of the case being completed in just five days.

Juvenile Justice Board Judge Tripti Pande pronounced the sentence yesterday after wrapping up the trial in seven hours, government advocate Deependra Malu said today.

The crime took place on August 15 and the entire process, from registration of the case to pronouncement of judgement, was completed in five days.

"The case diary was submitted in the court at 10.45 am yesterday and the judgement, after trial, was pronounced around 6 pm," Malu said.

"This is probably for the first time, after the Protection of Children from Sexual Offences (POCSO) Act came into effect in 2012, that a judgement in a rape case of a minor has been given in such a short duration," he said.

While pronouncing the sentence, Malu said, the judge observed, "The tendency of sexual offences against children is rising at a fast pace in society. To correct such a perverted psychological condition, this boy needs to be sent to two years' imprisonment."

The court ordered to send the boy to a remand home in MP's Seoni district for serving the sentence.

The girl was playing with other children on August 15 at the residence of the accused at Ghatiya village in the district. Taking advantage of the situation, the boy raped her, Ujjain Superintendent of Police Sachin Atulkar said.

The victim later disclosed the incident to her parents who filed a complaint at the Ghatiya police station.

Atulkar formed a team to probe the case and the boy was subsequently nabbed from his relative's place in Rajasthan and brought back to Ujjain.

"The entire process, from registration of the case, investigation, trial and awarding of the sentence was, completed in just five days, which is a record," Atulkar claimed.

The sentence was awarded under relevant sections of the Indian Penal Code and the POCSO Act, he said.

Atulkar said the judgement will send a positive message among citizens.
 (PTI)

Thane, Aug 3: A 28-year-old man from Mumbra in the district has been sentenced to seven years of rigorous imprisonment by a special court here for raping a minor in 2015.

Special POCSO court judge P P Jadhav recently convicted Shabbir Mulani and also slapped a fine of Rs 30,000 on him.

He was found guilty under IPC sections 376 (rape) and 312 (causing miscarriage), and also under section 4 of the Protection of Children from Sexual Offences (POCSO) Act.

The accused is a contractor in the business of making imitation jewellery and used to give the contract of making jewellery to women in the locality.

Prosecutor Vivek G Kadu, who appeared for the prosecution, told the court that the victim who resided in the vicinity used to collect material from Mulani's unit for the assembly of jewellery.

On May 20, 2015 the accused called the victim, who was 17 years old then, to his unit for packing the jewellery. When she came, he sexually assaulted her, the prosecution said.

Two months later, the victim was admitted to a hospital due to some health issues. During her check-up, doctors found her to be two months pregnant. When Mulani got to know about it, he reached the hospital and forced her to take pregnancy termination pills.

As a result, the victim suffered a miscarriage. Till that time, the victim had not disclosed about the sexual assault as the accused had given threats to her, the prosecution told the court.

She later told her ordeal to her family members, following which a complaint was lodged against Mulani and further action was taken.
 (PTI)

Panaji, Jul 19: Goa Police have filed a chargesheet against former minister Atanasio Monserratte in connection with the alleged rape of a minor girl in 2016.

The Women's Police Station filed the 250-page chargesheet in North Goa district court yesterday after the investigation in the case was completed.

Monserratte, 54, has been named as an accused in the case, a senior police official said.

The girl, then aged 16, had filed a complaint in May 2016 alleging that the politician had drugged and raped her in March that year.

She had also alleged that her mother "sold" her to Monserratte for Rs 50 lakh.

Monserratte was arrested on May 5, 2016 and is out on bail.

At that time, the politician had claimed that he was innocent and the case against him was "politically motivated".

The girl's mother was not named in the chargesheet as there was no sufficient evidence that she sold her daughter, the police official said.

Monserratte has been charged under section 376 (rape) of the Indian Penal Code and relevant sections of the Protection of Children from Sexual Offences (POCSO) Act.

He has also been booked under provisions of the Information Technology Act for use of cellphone in the alleged crime, the police official said.

Monserratte was previously in the Congress and served as the education minister in the Digambar Kamat-led government between 2007 and 2012. He was later expelled from the party.

He then floated his own outfit called the United Goan Party, and on its ticket contested the state Assembly election from Panaji constituency last year but lost.

He is currently a leader of the Goa Forward Party, an alliance partner in the BJP-led state government.
 (PTI)

Patna, July 13: A court here has convicted two woman teachers of a renowned English-medium school for "unnatural sexual act" with a five-year-old girl student.

The order was passed yesterday by Special POCSO judge Ravindra Nath Tripathi, who fixed July 20 as the date for deciding the quantum of sentence for Nutan Joseph and Indu Anand.

Special Public Prosecutor Suresh Chandra Prasad said the two women have been held guilty under relevant sections of the IPC as well as the Protection of Children from Sexual Offences (POCSO) Act.

Joseph and Anand were arrested in November, 2016, after the girl's parents lodged a complaint against them at Mahila Thana here. According to the FIR, the parents had said that the two teachers asked their 5-year-old girl to undress in a classroom and then sexually assaulted her.

A medical test conducted on the minor also confirmed the assault.
 (PTI)
Thane, Jun 23 : A man has been sentenced to 10 years of rigorous imprisonment by a court here for repeatedly raping a 17-year-old girl in 2015 after kidnapping her from Madhya Pradesh.

Thane District Sessions Judge S C Khalipe yesterday awarded the sentence to Shivam Banvarilal Kalawat (24), a resident of Guna in MP, and also imposed a fine of Rs 40,000 on him.

However, two others -- the convict's sister Archana Kalawat (25) and Sunil alias Prakash Kautik Patel (35) -- were acquitted by the court.

The convict's mother, Sita, who was also an accused in the case, died during the pendency of the trial.

Additional public prosecutor Rekha Hiwrale told the court that the four accused had kidnapped the girl from Guna in 2015 and taken her to various places.

Finally, they brought her to Vashi in Navi Mumbai and pushed her into flesh-trade. Between May and August 2015, the convict repeatedly raped her, the court was told.

The victim somehow managed to escape from their clutches from Juhu village in Navi Mumbai and get in touch with an NGO. She lodged a complaint against the accused at the Vashi police station on August 18, 2015.

Observing that the prosecution had proved beyond reasonable doubts all the charges against Shivam Kalawat, and convicted him.

The court held him guilty under various Indian Penal Code sections, including 376 (2)(n) (repeated rape), 363 (kidnapping), 365 (kidnapping or abducting with intent secretly and wrongfully to confine person), 344 (wrongful confinement for ten or more days) and also under the Protection of Children from Sexual Offences (POCSO) Act, 2012. PTI


New Delhi, Apr 21: The Union Cabinet on Saturday approved an Ordinance to amend the POCSO Act 2012 for introducing death penalty in cases of rape of children below 12 years of age, sources said.
The Ordinance, passed at the meeting chaired by the Prime Minister convened by Prime Minister within hours of his return from a five-day foreign tour, seeks to amend existing laws to award the death sentence to those found guilty of raping a child below 12 years of age.
The decision of the Cabinet follows widespread demands to amend the POCSO Act especially after uproar over rape of eight year old girl in Kathua.
The Centre had told the Supreme Court that it was in the process of amending the POCSO Act to award death penalty in all cases involving rape of children under 12.
Additional Solicitor General PS Narasimha on Friday told a three-judge bench led by CJI Dipak Misra that the government was proposing to introduce the necessary amendments in POCSO. UNI


New Delhi, Mar 12: Hearing a plea for deterrent punishment for defiling children, the Supreme Court on Monday asked its registry to write and ask all the state High Courts to gather data with respect to the pendency of POCSO cases across the nation. 
The bench was headed by Chief Justice of India Dipak Misra and also comprised Justices A M Khanwilkar and D Y Chandrachud .
It heard a plea filed by a lawyer, Alakh Alok Srivastava, seeking a direction from the apex court to frame appropriate guidelines to provide that the investigation and trial of the cases involving rape of children of 01 month to 12 years of age group under Protection of Children from Sexual Offences (POCSO) Act, 2012, should be expeditiously disposed off. 
Petitioner lawyer, Srivastava, had filed the plea before the Supreme Court, in connection with a eight-month-old girl, who was allegedly sexually assaulted by her cousin. He submitted to the apex court that the girl was now stable and on February 5 was discharged from the hospital. But on April 7 another surgery has to be done on her.
Srivastava had also sought appropriate order and direction to the respondents to urgently amend the provisions of the POCSO Act, 2012, so as to provide maximum punishment of death penalty for commission of offence of rape of children of 01 month to 12 years of age group, so that it can act as a deterrent. UNI