“The mitigating circumstances in a case, if established, would authorise the court to pass such sentence of imprisonment or fine which may be deemed to be reasonable but not less than the minimum prescribed under an enactment,” the court said in State of J&K v Vinay Nanda. Section 8 prescribes the punishment for the offence of sexual assault defined in Section 7 of the Act. The absence of the opportunity to consider such factors, and instead prescribe a mandatory sentence, pushes judges in some cases towards acquitting the accused. Section 8 prescribes the punishment for the offence of … Facebook. A High Court Decision in Britain Puts Trans People Everywhere at Risk The so-called gender critical movement is illogical, anti-feminist, and cruel. In State v Bijender (2014), a Delhi court acquitted a man under the POCSO Act and instead convicted him of IPC offences. THE HIGH COURT. Circulars issued during COVID-19 lockdown by SUPREME COURT OF INDIA and HIGH COURT Disposal of Old and Summary Cases of the District Court District Wise Pendency And Disposal Of 5 Year And Above Cases Under Pocso Act. Seeing the “stringent punishment” provided, the HC said “stricter proof and serious allegations are required”, thereby, like other courts, choosing to acquit and diminishing the act of sexual violence and trauma of a child, who has waited four years for justice, in the swoop of a pen. What are the criticisms of mandatory sentencing? TNIE Explainer: Why is the military taking control in Myanmar? Section 354 of IPC only applies to women, which would leave boys with no recourse against such sexual violence. 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Minimum sentences have been prescribed for all sexual offences under the POCSO Act barring the offence of sexual harassment. The Nagpur Bench of the Bombay High Court reversed the decision of a sessions court which had convicted 39-year-old Bandu Ragde under Section 8 of the POCSO Act, and sentenced him to three years in jail. The Missouri Supreme Court ruled Tuesday that St. Louis can raise their minimum wage to $11 by 2018. newindianexpress.com reserves the right to take any or all comments down at any time. Before reserving the judgment, Justice SS Shinde made an oral observation that … January transfer window 2021 closed: Liverpool's 'defence budget' to Mesut Ozil's England exit, here are the best signings, This is why Kani Kusruti wore Rihanna's all-gender red lipstick to Kerala State Film Award ceremony. This re-affirmed the broad approach taken to statements of negligent misrepresentation. The High Court upheld the conviction under sections that carry a lesser minimum sentence of one year under the Indian Penal Code, including outraging the modesty of a woman. THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES COMMERCIAL COURT (QBD) – APPROVED JUDGEMENT. Why did the High Court acquit the man of charges under the POSCO Act? All the comments will be moderated by the newindianexpress.com editorial. broadsheet - UK High Court Decision. moves Supreme Court against High Court verdict on Panchayat elections. This was despite the recognition of “any other act with sexual intent which involves physical contact without penetration” to be sexual assault under Section 7 of POCSO. For all the latest Explained News, download Indian Express App. A 2016 report on the ‘Study on the Working of Special Courts under the POCSO Act in Delhi’ by the Centre for Child Law at the National Law School of India University, Bengaluru, has highlighted the reluctance of courts in convicting under sections that carry a mandatory minimum sentence. Judgments. The state’s responsibilities cannot end with the passage of a law. This would include holding transparent proceedings for sentencing, recording specific reasons for punishment in rulings, etc. In his 2016 book Discretion, Discrimination and the Rule of Law: Reforming Rape Sentencing in India, Mrinal Satish, professor of Law at NLSIU, argued that when mandatory sentencing regimes are put in place to remove judicial discretion, the discretion merely shifts within the system to the police, but is not removed. PART FINAL AWARD (Quantum) Broadsheet PART FINAL AWARD (Quantum) PART FINAL AWARD (LIABILITIES) Broadsheet - Part Final Award - Liability Issues. 21 3 minutes read. Click here to join our channel (@indianexpress) and stay updated with the latest headlines. The Peoples Democratic Party (PDP) has hailed the Saturday’s judgment of the Federal High Court, Abuja which upheld the qualification and election of Edo Gov. Law360 (February 2, 2021, 10:12 PM EST) -- The acting solicitor general has asked the U.S. Supreme Court to vacate the Second Circuit's decision not to decertify a … The Babri Masjid was demolished during a political rally which turned into a riot on 6 December 1992. Like the appeals court, the Missouri Supreme Court drew on a long line of federal cases, including a 1989 U.S. Supreme Court decision, that have reached similar results. No.D-7529 of 2018 and other connected petitions with directions to the Transport Department and I.G.P Sindh, all DIGs and SSPs Sindh Police Ranges to ensure that no gas cylinders shall be allowed to be used in any CNG vehicle without HDIP certificate. … Legal experts have argued that mandatory sentences are counterproductive to the aim of reducing crime or acting as a deterrent. Studies have shown that mandatory sentencing in laws lead to fewer convictions, because when judges perceive that the punishment for the offence is harsh, they might prefer to acquit the accused instead.   |  A+A A-. Instead of harsher punishment, they recommend judicial reform that makes the sentencing process more accountable and transparent. AP govt. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. x. The high court approved the appeal filed by the victims’ mother and the state government and quashed the verdict of the POCSO court in Palakkad. This reverses a lower court's decision in 2015, which What is the South African Covid variant and why is it more worrying? The convict was accused of luring the 12-year old prosecutrix to his house on the pretext of giving her a guava, and pressing her breast and attempting to remove her salwar. However, imposing the minimum sentence is mandatory. The court reasoned that since the offence under POCSO carried a higher punishment, a conviction would require a higher standard of proof, and allegations that were more serious. The study noted: “Some within the legal fraternity were of the view that minimum sentences under the POCSO Act are very high. A seven-year-old girl had testified that the convict took her into the bathroom by force, slapped her, and tore her jeans. Section 8 of the POCSO Act carries a sentence of rigorous imprisonment of three to five years. The ruling drew criticism for its restricted interpretation of the offence. After conviction, a separate hearing is conducted to award sentence, in which aspects such as the accused being a first-time offender with potential for reformation or being the sole breadwinner of the family, or the accused’s age and social background, or the seriousness of the offence, etc., are considered. “Should a 21 year-old be imprisoned for three years for forcibly kissing a girl? The judge reasoned that since the accused did not touch the vagina, anus or breasts of the child, the latter part of the section could not be invoked. January 8, 2021 The Supreme Court (SC) has annulled the verdict of the Peshawar High Court (PHC) which declared the act of increasing retirement age of government servants ‘unconstitutional’ after making amendments in the civil servants’ law of Khyber Pakhtunkhwa (KP). The Bombay High Court's verdict cleared a man accused of molesting a 12-year-old girl, but the controversial ruling could end up in the Supreme Court. Help us delete comments that do not follow these guidelines. In this preliminary judgment, the High Court expresses the issues at a high level. The High Court allowed “special leave to appeal”. Pell claimed the Court of Appeal misapplied the legal test, causing a miscarriage of justice. The vote was 5 to 4, a bare majority, and some legal analysts said the decision could easily be reversed in the near future with any change in the Court… Section 7 of the Act says “Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person or does any other act with sexual intent…”. Neutral Citation Number: [2021] EWHC 130 (QB) Case No: QB-2020-004182 IN THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION Date: 27/01/2021 Before : MASTER SULLIVAN – Between : The Rt. The High Court yesterday upheld the government policy framed in 2012 to stop “coaching business” by the teachers of government and private educational institutions. The Nagpur Bench of the Bombay High Court reversed the decision of a sessions court which had convicted 39-year-old Bandu Ragde under Section 8 of the POCSO Act, and sentenced him to three years in jail. Sexual assault, as defined in the section, is described as physical contact of a child with sexual intent without penetration (or, with sexual intent, making a child commit such an act without penetration on the person). The High Court is made up of the Court of Appeal and the Court of First Instance. The apex court on Wednesday stayed the acquittal of the accused under POCSO but the incident reveals the lack of understanding and sensitivity among the judiciary of sexual violence against children even eight years after the Act was passed. Kansas voters will decide whether to protect abortion rights in the state constitution, after the Legislature on Thursday approved placing the question on the 2022 primary ballot. In the judgment, the three judges of the Allahabad High Court ruled that the 2.77 acres (1.12 ha) of Ayodhya land be divided into three parts, with ​ ⁄3 going to the Ram Lalla or Infant Rama represented by the Hindu Mahasabha, ​ ⁄3 going to the Uttar Prad… A mandatory sentence is prescribed to underline the seriousness of the offence, and is often claimed to act as a deterrent to crime. Newly Added Judgments; Judgments; Reasons for Verdict; Reasons for Sentence; Newly Added Judgments are judgments uploaded in the last six working days.. To obtain a copy of the judgment which is not available on this web site, please direct your application to the relevant court registry with justifications. But we need to be judicious while moderating your comments. When the Court delivers judgments, copies are immediately available from the Canberra office, and are provided to the parties and media free-of-charge. The question for the High Court in whether to give special … Lopsided high court verdict on groping Section 354 of IPC only applies to women, which would leave boys with no recourse against such sexual violence. Hon. Judgments of particular public interest issued by the Supreme Court, Court of Appeal and High Court are updated regularly and can be accessed below on each court's page tile. Judgments There is a variety of ways to access judgments of the courts. A fee may be charged upon approval of the application. The top court also issued notice to Maharashtra government and permitted the AG to file an appeal against the January 19 verdict of Nagpur bench of the Bombay High Court. For example, the punishment for a crime under IPC Section 124A (Sedition) is “imprisonment for life, to which fine may be added, or…impris­onment which may extend to three years, to which fine may be added, or…fine”, which leaves room for vast discretion with judges. The views expressed in comments published on newindianexpress.com are those of the comment writers alone. As an example, one respondent shared that the minimum punishment for sexual assault and aggravated sexual assault is high. , 5:07 PM was not serious enough for the greater punishment prescribed under POSCO. “ tougher sentences ”, including in child sexual offence cases assault defined in section 7 of the offence sexual. Express App in this preliminary judgment, the verdict of which was pronounced on 30 September 2010 we to! 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