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Showing posts from April, 2024

Whether the court can suspend the sentence of convict if he is ready to pay compensation to victim?

 Whether the court can suspend the sentence of convict if he is ready to pay compensation to victim? Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.1957-1961 of 2024 Shivani Tyagi  Vs  State of U.P. & Anr.  Citation: MANU/SC/0353/2024, 2024 INSC 343. Dated: April 5, 2024 Having observed and held as above, we are deeply peeved on perusing the impugned judgment, for the same reflects only non-application of mind and non-consideration of the relevant factors despite the fact that the case involved an acid attack on a young woman resulting into permanent disfiguration.  In the case on hand, a scanning of the impugned order would reveal that what mainly weighed with the Court is the offer made on behalf of the convicts that they would give a payment of Rs. 25 lakhs through demand drafts, taking into account the evidence that the victim had incurred an amount of Rs. 21 lakhs for her treatment. Paragraph 10 of the impugned order would reveal t

Whether prosecution under POCSO Act is maintainable if a person constantly watches child ?

Whether prosecution under POCSO Act is maintainable if a person constantly watches child ? IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1947 OF 2017 MANJU TEJBAL VISHWAKARMA AND ANR.  V/s. THE UNION TERRITORY OF DAMAN & DIU  CORAM : A. M. BADAR, J. DATE : 27th SEPTEMBER 2017 Citation: 2017 SCC ONLINE Bom 8895. Therefore, it will be appropriate to reproduce provisions of Section 11 of the POCSO Act, which reads thus :  11. Sexual harassment : A person is said to commit sexual harassment upon a child when such person with sexual intent­ (i)utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child; or (ii)  makes a child exhibit his body or any part of his body so as it is seen by such person or any other person; or (iii)  shows any  object to a child  in any form or