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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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Gujarat High Court Dismisses Habeas Corpus Petition by Mother Seeking Custody of Minor Daughter from Father. Custody Dispute Between Parents Must Be Adjudicated Under Guardians and Wards Act, 1890, Not Through Habeas Corpus, as Father's Custody as Natural Guardian Is Not Per Se Illegal.

The petitioner, Kinjal, filed a habeas corpus petition seeking production of her four-year-old daughter Trishika, alleging that the child was in the u...

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Supreme Court Dismisses Appeal by Former Judicial Officer in Sexual Offence Case, Upholding Charges Under Sections 376(2)(f), 417, and 506 IPC Based on Prima Facie Evidence of False Promise to Marriage and Exploitation

<p>The Appellant, a former judicial officer, sought discharge from charges under Sections 376(2)(f), 417, and 506 IPC, alleging a consensual rel...

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Supreme Court Quashes FIR in Rape Case Due to Consensual Relationship and Absence of Promise of Marriage. Allegations under Sections 376(2)(n) and 506 IPC Failed to Disclose Cognizable Offence as Relationship Was Voluntary and Prolonged.

The Supreme Court allowed the appeal filed by Prashant against the State of NCT of Delhi, challenging the Delhi High Court's order dated 16.10.2023 th...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Extrajudicial Confession and Lack of Corroboration. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Nivrutti Kishan Hire, was convicted by the Additional Sessions Judge, Vaijapur on 22-07-2016 in Sessions Case No.64 of 2014 for the mur...

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Bombay High Court Dismisses State Appeal Against Acquittal in Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Prosecutrix's Testimony Found Unreliable as Medical and DNA Evidence Did Not Support Allegations of Rape by Accused Vishnu.

The State of Maharashtra appealed against the acquittal of four accused persons (Vishnu, Tulshiram, Siddhu, and Rukminabai Karwate) by the Sessions Ju...

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Bombay High Court Quashes Rape FIR Against Applicant in Consensual Relationship Case — Both Parties Were Married at Relevant Time, No False Promise of Marriage.

The applicant, Sachin Shantaram Potude, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of F...

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Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376 IPC set aside as prosecutrix's testimony was unreliable and medical evidence did not support rape.

The appellant, Sandeep son of Kaniram Rathod, was convicted by the Sessions Court for the offence of rape under Section 376 of the Indian Penal Code f...

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Bombay High Court Allows Second Appeal in Breach of Marriage Contract Case — Contract Not Void Ab Initio Despite Minority of Bride. Damages Recoverable Under Section 65 of Indian Contract Act, 1872 for Money Spent on Betrothal Ceremony.

The plaintiffs, Tulshiram and his daughter Rekha, filed a suit for damages against the defendants, Roopchand and his father Laxman, for breach of a co...