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Bombay High Court Upholds Juvenile Board's Decision to Try Older Juvenile as Adult in Murder Case — Section 15 of Juvenile Justice Act, 2015 Requires Individualized Assessment of Physical and Mental Capacity to Commit Offence.

The case involves two juveniles, aged 17.5 years and 16.5 years, accused of murdering a three-and-half-year-old child. The Juvenile Justice Board, aft...

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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 Allows State Appeal Against Inadequate Sentence in Child Rape Case — Sentence Enhanced from 2 to 7 Years. Court held that two years RI for attempt to rape a 7-year-old child was grossly inadequate under Section 376 read with Section 511 IPC and Section 8(2) of Goa Children's Act, 2003.

The State of Goa appealed under Section 377 of the Code of Criminal Procedure, 1973 against the judgment and order dated 5th December 2008 passed by t...

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Bombay High Court Upholds Conviction for Rash Driving Causing Death but Grants Probation to Young Offender. Concurrent findings of guilt under Section 304-A IPC and Motor Vehicles Act not perverse; benefit of Probation of Offenders Act extended considering age and first-time offence.

The petitioner, who was 18 years old at the time of the incident, was convicted by the Judicial Magistrate First Class, Aurangabad, for offences under...

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Supreme Court Upholds Conviction of Appellant in Murder Case Based on Injured Eyewitness Testimony. Sole Testimony of Injured Eyewitness Sufficient for Conviction Under Section 304 Part II/34 IPC When Credible and Reliable.

The case pertains to an incident on 18th June, 1995, during a Jagjit Singh night program in Nainital, where the deceased Rajesh Sah intervened when so...

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High Court of Bombay Confirms Death Sentence for Accused in Rape and Murder of Four-Year-Old Girl. Conviction under Sections 302, 376(2)(i), 377, 363, 366, 201 read with 34 of Indian Penal Code Upheld for Acts Committed in Furtherance of Common Intention.

The case arises from a reference under Section 366 of the Code of Criminal Procedure, 1973 for confirmation of the death sentence and an appeal agains...