There was one more accused but he died during the trial of the case registered under Indian Penal Code sections 376D (gangrape) and 506 (criminal intimidation), and under the POCSO Act.
The observation of the court is important as it widened the dimension of the POCSO Act and strengthen the law to protest minors.
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The court was hearing a petition for bail by a 27-year old Muslim man whose wife was 17 years of age and had become pregnant.
The Allahabad High Court took note of the fact that only a few women lawyers were appearing for rape survivors.
Justice Jasmeet Singh observed, "A girl on attaining puberty could marry without the consent of her parents under the Muslim laws and has the right to reside with her husband even when she is otherwise minor. The provisions of POCSO will not apply to the husband."
The court granted bail to a POCSO accused youth, who ran away with a 14- yr-old girl and got married with her in a temple. The youth, who was a minor then, remained in company with the girl for almost two years during which the girl gave birth to a child.
The crime does not fall in the category of 'aggravated sexual assault' or sexual assault. It comes in the category of 'penetrative sexual assault' which is punishable under Section 4 of the POCSO Act, the court said.
Supreme Court said that the most important ingredient of constituting sexual assault is sexual intent and not skin-to-skin with the child.
Additional district and sessions judge (POCSO), Hathras court, Pratibha Saxena, termed it as an act which "shakes a person's soul". She found the man guilty and pronounced him to be "hanged till death".
The Delhi Police's Cyber Cell registered an FIR against Twitter Inc and Twitter Communication India Private Ltd under several serious sections of the POCSO Act.
The observation was made by a single bench of Justice Pushpa Ganediwala on January 15 while passing an order on an appeal filed by a 50-year-old man challenging a sessions court''s order convicting him for sexually assaulting and molesting a five-year-old girl.
On January 19, the high court had said that groping a minor's breast without "skin to skin contact" cannot be termed as sexual assault as defined under the POCSO Act.
The victim was admitted to a hospital in Ballia but as her condition worsened, she was shifted to Varanasi for advanced treatment.
Two people have booked in connection with the alleged rape case of girls, including minors, in Madhya Pradesh, police said on Sunday.
The Andhra Pradesh Assembly on Friday passed the Andhra Pradesh Disha Bill 2019 also known as the Andhra Pradesh Criminal Law (Amendment) Act 2019 to award death sentence for offences of rape and gang rape and expediting verdict in trials of such cases within 21 days.
Noting that incidents of rape and crimes against women are "unfortunate and highly condemnable", Prasad asserted that perpetrators of such "heinous" crimes will be punished expeditiously through the judicial process.
There should be no provision of mercy pleas for child rapists, President Ram Nath Kovind said on Friday as he called on the Parliament to consider a review.
Piloting the Protection of Children from Sexual Offences (Amendment) Bill, 2019, Women and Child Development Minister Smriti Irani said it aims at making offences against children gender-neutral.
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