Latest news with #ProtectionofChildrenfromSexualOffencesAct
New Indian Express
2 hours ago
- New Indian Express
MP HC commutes death sentence of tribal youth in child rape case, citing lack of 'brutality', mitigating background
BHOPAL: The Madhya Pradesh High Court has commuted the death sentence of a 20-year-old tribal man convicted of raping and attempting to kill a four-year-old girl, reducing his punishment to 25 years of rigorous imprisonment. The decision was delivered by a division bench comprising Justices Vivek Agarwal and Devnarayan Mishra, who observed that while the act was undeniably brutal, it did not meet the threshold of "brutality" required for the death penalty under the "rarest of rare" doctrine. The case involved the convict, a 20-year-old from a Scheduled Tribe, who was found guilty by a trial court under Section 307 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and sentenced to death. According to the prosecution, the convict entered the complainant's hut under the pretext of requesting a cot to sleep on, and later abducted and raped the minor victim from a nearby house during the night. He then left her in an unconscious state in a mango orchard, believing her to be dead. The High Court, while acknowledging the horrifying nature of the crime, noted: 'No doubt that appellant's act was brutal as he has committed rape upon the victim of four years and three months of age and after committing rape also throttled her treating her dead and thrown the victim in such a place where she could not be searched and left the spot but it is also clear that he has not committed brutality,' distinguishing between barbaric acts and acts of extreme cruelty or depravity. The bench considered several mitigating factors in its decision. The convict was described as an uneducated youth from a tribal community, whose parents never tried to educate or properly care for him. He left his home at an early age and was working in a roadside eatery to earn a living. There was no evidence of prior criminal conduct, and the court found no adverse reports regarding his behaviour. The bench further noted that the environment in which the convict grew up did not provide him with the proper atmosphere to develop. The High Court affirmed the conviction under Sections 363, 450, 307, and 201 of the IPC, but commuted the death penalty under Section 6 of the POCSO Act to 25 years of rigorous imprisonment with a fine of Rs. 10,000. In default of payment, the convict will serve an additional year of rigorous imprisonment. The decision reflects the court's view that, despite the gravity of the offence and the young age of the victim, the circumstances of the convict's background and the absence of extreme brutality did not justify the death penalty in this case.
Indian Express
8 hours ago
- Indian Express
‘Act brutal but not committed brutally': HC commutes death penalty in child rape case
The Madhya Pradesh High Court has commuted the death sentence awarded by a trial court to a man convicted of raping a four-year-old minor girl. A division bench, comprising Justices Vivek Agarwal and Devnarayan Mishra, observed in their order on June 19, 'No doubt that appellant's act was brutal as he has committed rape upon the victim of four years and three months of age and after committing rape also throttled her treating her dead and thrown the victim in such a place where she could not be searched and left the spot but it is also clear that he has not committed brutality.' According to the prosecution, the convict entered the complainant's hut and requested a cot to sleep on. Later that night, he allegedly opened the gate of a nearby house where the victim and her parents was staying, abducted and raped her. Thereafter, he allegedly left the child in an unconscious state in a mango orchard, believing her to be dead. The High Court was hearing a criminal appeal filed by the convict against a trial court judgment which found him guilty under Section 307 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The high court acknowledged that the aggravating circumstance of this case was the age of the victim and the convict. The bench stated, 'There are aggravating circumstances that the victim was four years old and the rape was committed upon such a kid and offence was committed in such a way that the private part of the victim was torn and after committing the offence, the victim was thrown in the solitary place treating her that she had died.' However, the bench also took note of the fact that the convict, aged 20, is uneducated and belongs to the tribal community and his parents never tried to give him education and did not take proper care of him. Therefore, he left his house and was earning, living and working in a restaurant, the court said.
Indian Express
21 hours ago
- Indian Express
Behind rape of minor Dalit girl by 14 men for 2 years, failure of systems meant to protect someone like her
At a hospital in an Andhra Pradesh district, a 15-year-old girl, almost eight months pregnant, spends her days in a 150-bed ward, surrounded by expectant mothers and wailing infants. Authorities have deemed it dangerous to terminate her pregnancy at this stage, and say sending her home is not an option either – the teenager is the victim of sexual abuse over two years by 14 men, who are from an influential community in the village where the crimes took place. According to officials, the investigation, which began in the first week of June after the 15-year-old's mother approached the police, has revealed the failure of systems that were designed to protect someone like her: The daughter of a single mother, struck by poverty, and belonging to SC (Madiga) community in a village dominated by forward castes. 'It was her young age, vulnerability and caste because of which the men could prey on and exploit her for two years, leaving her pregnant at 15. The systems that are in place to check on her welfare failed. Her class teacher did not even report that she had dropped out of school,'' Superintendent of Police V Ratna told The Indian Express. 'It has been decided to keep the girl in the hospital until delivery. If she is released from the hospital and sent back to her village, nobody knows what will happen. She is being provided counselling and other care. After delivery, the mother and child will be moved to a government home for women,' the SP, who is leading the investigation, said. The girl's ordeal began when she was 13 and in the 8th grade. As per the police report, after the girl's father died about three years ago, her mother moved to a nearby village close to the Karnataka border. According to the police, one of the accused found the girl and her classmate, also from the SC community, sitting alone after school and snapped photos on his mobile phone. 'Using violence, intimidation and threats of leaking the photos on social media, two accused first forced the girl to submit to their demands and raped her. They also filmed the act. These videos and photos were used to exploit the girl by the friends and acquaintances of the primary accused,' the SP said. After finding out that the girl was pregnant, her mother approached the police in the first week of June. On June 9, the police arrested six persons, and subsequently 11 more. The police remand report names 17 accused – 14 who allegedly raped her for nearly two years, and three persons, including the minor classmate, for not informing authorities. All have been arrested. The arrested accused include three minors and 14 men aged between 18 and 51. They have been charged under sections of the Bharatiya Nyaya Sanhita, the Protection of Children from Sexual Offences Act, and the Information Technology Act. Police are also looking at the failure of the girl's class 10 teachers to report her absence or inquire why she had stopped attending school. 'It is SSC, the most important class. If a student is not seen in class for several days, any teacher would notice and conduct a check. Her teachers failed to do so,' SP Ratna said. The Grama Mahila Samrakshana Karyadarsi – volunteers integrated into the system as 'Mahila Police' – also failed to conduct welfare checks on the single mother and her child. 'This, despite it being known that the mother was depressed after her husband passed away and was finding it hard to work and take care of herself and her daughter,' an official said. Accredited Social Health Activist (ASHA) workers, who are supposed to visit the family often, also failed to take note. 'There is a very small population of SCs in the village. Of the 17 accused, 14 are from the Boya community, while the three who kept quiet are from the SC community. When the case came to light, the Boya community leaders allegedly tried to get the girl married to her SC classmate and hush up the matter,' an official said. Although her delivery date has been set by doctors after July 21, police have decided to keep her in the hospital as they deem it 'risky' to send her back home. 'The accused, though they are in jail, can use any means necessary to coerce the survivor to withdraw the case. As Dalits, she and her mother are vulnerable and may be forced to relent,' an official said. Blood tests have also revealed the survivor is anaemic, and hospital sources said she is battling depression. Officials said doctors are working to provide her with the requisite care.
Time of India
a day ago
- Time of India
IIT graduate among 15 held for watching, circulating child porn
Representative Image HYDERABAD: Telangana Cyber Security Bureau (TGCSB)'s child protection unit (CPU) on Wednesday arrested 15 repeat offenders for watching, storing, and distributing Child Sexual Exploitative and Abuse Material (CSEAM). Among the arrested is a 30-year-old IIT-Kharagpur graduate employed at a Hyderabad-based software firm, reports Mahesh Buddi. The accused were booked under relevant sections of the Information Technology Act and the Protection of Children from Sexual Offences Act. All of them are currently in judicial custody. The operation targeted individuals linked to 57 CSEAM complaints flagged by Interpol tip lines and routed through the Union home ministry. "All 15 were picked up in a single-day operation. These are repeat offenders linked to 34 previous cases, including 17 registered directly by TGCSB," said TGCSB director Shikha Goel. Among the accused, the IIT graduate allegedly earns Rs 35 lakh per annum and resides in Hyderabad with his wife and daughter. Another accused is an unemployed engineering graduate from Yadagirigutta with a prior CSEAM case. Others work in varied occupations, including automobile repair, construction, and retail sales. "The accused are aged between 19 and 50, mostly in their twenties, and largely from middle-class backgrounds. The children in the content appear to be aged between 6 and 14 years," Goel added.
Time of India
a day ago
- Health
- Time of India
HC allows 12-yr-old rape survivor to terminate 28-week pregnancy
Nagpur: Affirming the woman's reproductive autonomy, the Nagpur bench of Bombay High Court on Tuesday observed she can become pregnant by choice, irrespective of her marital status, and cannot be forced to carry an unwanted pregnancy against her will. Tired of too many ads? go ad free now The bench was hearing a plea filed on behalf of a 12-year-old rape survivor seeking medical termination of her 28-week pregnancy. A division bench of Justices Nitin Sambre and Sachin Deshmukh observed that in cases of unwanted or incidental pregnancies, especially those resulting from sexual assault, the physical and mental burden overwhelmingly falls on the pregnant individual. The judges underscored that forcing a victim to continue such a pregnancy would be a direct assault on her dignity and autonomy, protected under Article 21 of the Constitution. Quoting extensively from recent Supreme Court judgments, the judges reiterated that the right of bodily autonomy rests solely with the woman or girl in question, irrespective of marital status. "It's the woman alone who has the right over her body and is the ultimate decision-maker on the question of whether she wants to undergo an abortion," the judges said. The minor approached the HC through counsel Soniya Gajbhiye seeking permission for termination of her late-stage pregnancy, which resulted from rape allegedly committed by her cousin uncle. The offence was registered on June 5 under various sections of Bhartiya Nyay Sanhita (BNS) and Protection of Children from Sexual Offences Act (Pocso). The medical board constituted by the govt medical college and hospital (GMCH) in Akola, expressed caution, noting the procedure would be high-risk due to the survivor's age and the advanced gestational stage. However, the Board did not flag a life-threatening risk. Tired of too many ads? go ad free now It advised that a hysterotomy could be performed with high-risk parental consent and the patient's assent. Acknowledging these findings, the justices said: "There is no opinion that the life of the victim is at risk. Perhaps, the patient may develop complications. However, we are equally required to be sensitive to submissions of the petitioner's counsel that the victim and her parents are prepared to undergo the risk." The court further directed the GMCH dean to conduct the termination procedure "at the earliest" while strictly following safety protocols. It specified the team should include a paediatric surgeon, a gynaecological surgeon, and, if possible, a paediatric anaesthesiologist. Crucially, the court noted the legal route taken by the minor's family through the constitutional writ jurisdiction under Article 226 was both appropriate and necessary, given the extraordinary nature of the case and fundamental rights involved. In its concluding remarks, the judges emphasized that no authority, including the state, could compel a woman to carry a pregnancy that she does not wish to continue. "Such compulsion would strip her of the right to determine the immediate and long-term path her life would take," the bench ruled. The petition was allowed, and the court recorded the parents' undertaking to furnish the required high-risk consent, as well as the minor victim's assent to the procedure. Key Takeaways of HC Verdict Right to abortion is part of personal liberty and dignity under Article 21. Unwanted pregnancy affects mental and physical health State cannot force victim to carry a pregnancy against her wish No life threat to the victim; hysterotomy allowed with high-risk consent. Safety protocol must be strictly followed by an expert medical team. Assent of minor & parental consent to be recorded in the medical file
