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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Bombay High Court Upholds Acquittal of Accused in Murder Case on Ground of Insanity. Paranoid Schizophrenia Established Under Section 84 IPC — Act Done Without Knowledge of Nature or Wrongfulness.

The State of Maharashtra appealed against the judgment and order dated 29.05.2003 of the learned ad-hoc Additional Sessions Judge, Sangli, in Sessions...

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Bombay High Court Allows Appeal of Convict in Murder Case Due to Benefit of Doubt on Insanity Plea. Conviction Under Section 302 IPC Set Aside as Prosecution Failed to Prove Mens Rea Beyond Reasonable Doubt.

The appellant, Ramchandra Shenfadu Patil, was convicted by the Additional Sessions Judge, Amalner in Sessions Case No.26/2009 for the murder of his mo...

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Bombay High Court Acquits Convicted Offender in Murder Case Due to Unsoundness of Mind Under Section 84 IPC. Appellant's act of killing brother and injuring another held to be act of person incapable of knowing nature of act by reason of unsoundness of mind.

The appellant, Rajendra Adakuji Choudhary, was convicted by the Additional Sessions Judge, Chandrapur in Sessions Case No.84/2014 for offenses under S...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case on Ground of Insanity. Accused Found to Have Committed Act While Suffering from Schizophrenia, Entitled to Benefit of Section 84 IPC.

The State of Maharashtra appealed against the acquittal of the respondent, Sheshrao Sonaji Jadhav, who was charged with murder under Section 302 IPC f...

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Bombay High Court Upholds Life Conviction for Murder Despite Insanity Plea — Bipolar Mood Disorder Not Proven to Cause Incapacity to Know Nature of Act. Section 84 IPC Exception Rejected as Appellant Failed to Establish Legal Insanity at Time of Offence.

The appellant, Sarjerao Rambhau Machale, was convicted by the Additional Sessions Judge, Pune for murder under Section 302 IPC and sentenced to life i...

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Bombay High Court Upholds Conviction of Husband for Murder of Wife — Insanity Defense Rejected. The court held that the accused failed to prove legal insanity under Section 84 IPC, as the evidence did not establish incapacity to know the nature of the act at the time of the offence.

The appellant, Santosh Bhatambrekar, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Surekha, a medical doctor. T...

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Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

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Supreme Court Allows Complainant's Appeal Against High Court Order Permitting Additional Evidence on Insanity Plea in Murder Case. High Court's Order Set Aside as Issue of Mental Fitness at Time of Incident Was Already Concluded by Earlier Orders.

The case arises from a criminal appeal filed by the complainant, Lakhan Singh, against an order of the High Court of Delhi. The High Court had allowed...