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Justice P Velmurugan passed the order while confirming the conviction and sentence of a man under Section 4 (punishment for penetrative sexual assault) of the POCSO Act for having sexual intercourse with a 16-year old girl on the false promise to marry. Pertinently, the Court took particular note that charges should also have been framed under Section 5 of the POCSO Act, which deals with “aggravated penetrative sexual assault.” However, both the prosecution and the Special Judge had failed to frame such a charge.
by Sekar Reporter · Published July 4, 2021
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Musings on the Constitution- XLXIV Narasimhan Vijayaraghavan
by Sekar Reporter · Published June 21, 2020