Landmark judgements on pocso act in favour of accused
To find a top advocate specializing in POCSO cases near Mehrauli, New Delhi, consider contacting Dr. Anthony Raju Advocate Supreme Court, specializing in POCSO Act cases in the area and one of the top Criminal Advocate in Delhi NCR, handling cases in Pocso, Rape, Dowry Death, Murder, CBI, ED, PMLA, NDPS and many more
अग्रणी और जाने-माने आपराधिक वकील, जमानत विशेषज्ञ, आज चर्चा करें, और माननीय डॉ. एंथनी राजू वकील सुप्रीम कोर्ट के साथ अपने मामले का बहुत ही सार्थक ढंग से बचाव करें। माननीय डॉ एंथनी राजू सर के नेतृत्व में हमारी टीम भारत के हर न्यायालय में उपलब्ध है
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While the POCSO Act aims to protect children, some landmark judgments have focused on the rights of the accused, emphasizing the importance of a fair trial and due process, even in such serious cases.
Here's a breakdown of some key judgments:
1. Balancing the Rights of the Accused and the Victim:
Focus on Due Process:
Several judgments have highlighted the need for a fair trial and due process for the accused, even in POCSO cases.
Example:
The Supreme Court has emphasized that the accused cannot be kept in jail indefinitely without progress in the trial.
Importance of Evidence:
Courts have stressed the importance of strong evidence before convicting an accused under the POCSO Act.
2. Judgments Quashing Cases or Granting Bail:
Quashing Cases:
Some High Courts have quashed cases under the POCSO Act, citing lack of evidence or other factors.
Example:
The Bombay High Court in Shiva Chanappa Odala v. State of Maharashtra & Anr. (Writ Petition No 1366 of 2022), quashed a sexual assault case under POCSO after the child's mother consented.
Granting Bail:
Courts have also granted bail to accused persons, considering factors like the potential for exposure to hardened criminals in jail.
Example:
The Karnataka High Court granted bail to a 20-year-old accused under the POCSO Act, citing concerns over exposure to hardened criminals.
3. Interpretation of POCSO Act Provisions:
Section 15 of POCSO Act:
The Supreme Court has clarified the scope of Section 15 of the POCSO Act, which deals with possession and storage of child pornography.
Section 29 of POCSO Act:
This section mandates a presumption against the accused for certain offences, but courts have also emphasized the need for the accused to have a chance to prove their innocence.
Section 33(5) of POCSO Act:
This section puts a duty on Special Courts to ensure that child victims are not repeatedly asked to appear before the court to give testimony.
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