Bombay High Court Drops POCSO Charge Against Youth Booked For Slapping, Abusing Minor In Filthy Language due to absence of Sexual intent

 I have heard all learned counsel. Perused the impugned order.The allegations against the Applicant are that he followed the victim and abused her in filthy language in hindi and slapped her. Admittedly, Section 354-D, 509, 323 of IPC is attracted by the act of the Applicant. The question remains whether Section 12 of POCSO Act is applicable or not. Section 11 of POCSO Act defines sexual harassment of a child and Section 12 describes the punishment for it. Section 11 specifically states that a person is said to commit sexual harassment upon a child, when such person exhibits sexual intent towards the child. In the present case, it appears that Applicant was angry with the behaviour of victim in the school and he wanted to confront the victim about the said act and on that count, the incident took place. So from the incident, it does not appear that the Applicant had sexual intent as described in Section 12 of the POCSO Act. I have gone through the case laws cited by learned counsel for the Respondent. The facts of the cited case and present case are different hence, not applicable. No case is made out against the Applicant under Section 12 of POCSO Act {Para 5}

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL REVISION APPLICATION NO. NO. 189 OF 2026

Prasad Kashinath Bade  V The State of Maharashtra

CORAM : SHIVKUMAR DIGE, J.

DATE : 27th JULY, 2026.

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'Perfect Victim' In Rape Cases Is A Myth; Women Deal With Trauma In Different Ways : Bombay High Court In Tarun Tejpal Case

 I. Regarding the ‘Perfect Victim’ construct:

45. The Trial Court proceeded on a notion that a victim of sexual assault must behave in a stereotypical manner. The PW-1 was to be a perfect victim and only then could the Courts believe her story of woe. The ‘perfect victim’ concept, more formally known as an ‘ideal victim’, describes an unspoken cultural archetype where a person is fully believed, sympathised with and granted legitimacy only if they exhibit absolute vulnerability, complete innocence and total passivity. When a survivor does not fit in this mould – such as delaying a report, knowing the attacker or being under the influence of alcohol- their trauma is normally devalued. Expecting a survivor to be constantly miserable, meek or visibly broken, the Trial Court has ignored the reality of human coping mechanisms. However, these concepts of a perfect victim are a myth. Credibility must be evaluated on facts, not on whether a survivor fits a narrow cultural mould.

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPEAL NO. 16 OF 2022

The State of Goa  Vs Tarunjit Tejpal, s/o Inderjit Tejpal,

CORAM : DR. NEELA GOKHALE &

AMIT S. JAMSANDEKAR, JJ.

PRONOUNCED ON : 6th AUGUST 2026

JUDGMENT (Per Dr Neela Gokhale, J.)

Citation: 2026:BHC-GOA:1562-DB

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Supreme Court Extends S.498A IPC To Live-In Relationships Which Are 'Relationships In The Nature Of Marriage'

CONCLUSION

23. (i) Section 498A is held to be applicable to “live-in

relationships” that qualify as “relationships in the nature of

marriage” with the intent to marry being established as an

intrinsic part thereof;

(ii) The “live-in relationships” protected by Section 498A, it

is stated for ample clarity, are those that are between two

consenting adult individuals;

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No (s). OF 2026

DR. LOKESH B.H. & ORS. Vs  STATE OF KARNATAKA & ANR. 

Author: SANJAY KAROL, J.

Citation: 2026 INSC 784

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The Wheel of Crime: Understanding "Hub-and-Spoke" Conspiracies and Why They Matter Under MCOCA

 

 Why Should a Judge Care About a Wheel?

Picture a bicycle wheel. In the centre sits a hub. Radiating outward are the spokes. Holding it all together at the edge is the rim. Now replace that wheel with a criminal enterprise — and you have one of the most useful mental models available to any judge trying to make sense of a sprawling, multi-accused organised crime prosecution: the hub-and-spoke conspiracy.

This is not just an academic curiosity from American law. It is a structural lens that helps separate a genuine organised crime syndicate from a loose collection of unrelated individuals who happen to share a common contact. For judges dealing with MCOCA (Maharashtra Control of Organised Crime Act, 1999) cases — where chargesheets often name a dozen or more accused with wildly varying degrees of connection to each other — this distinction can decide whether a prosecution stands or collapses.

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