Search Results for "Parental Custody"

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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 Quashes FIR in Domestic Violence Case Due to Lack of Territorial Jurisdiction — Marriage Solemnized and Incident Occurred in Gujarat, Not Maharashtra. Section 27 of Protection of Women from Domestic Violence Act, 2005 Requires Proceedings in Court Where Victim Resides or Incident Occurs.

The petitioner, an Indian citizen, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

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Bombay High Court Upholds Acquittal of Husband in Dowry Death Case Due to Lack of Evidence of Abetment to Suicide. Allegations of Cruelty Under Section 498A IPC Not Proven Beyond Reasonable Doubt.

The State of Maharashtra appealed against the acquittal of the respondent-accused, Babasaheb @ Krishnat Durgappa Powar, for offences under Sections 49...

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Gujarat High Court Upholds Conviction of Husband for Murder of Wife Based on Circumstantial Evidence and Motive of Matrimonial Discord. Son's Testimony and Recovery of Weapon Held Sufficient to Prove Guilt Beyond Reasonable Doubt.

The appellant, Amaratbhai @ Kevabhai Aahaji (Dabhi), was convicted by the 4th Additional Sessions Judge, Deesa at Palanpur, in Sessions Case No. 54 of...

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Bombay High Court Acquits Mother in Infanticide Case Due to Lack of Premeditation and Mental State — Conviction Under Section 302 IPC Set Aside as Drowning of Newborn Twins Was Not Murder but Culpable Homicide Not Amounting to Murder.

The appellant, Sou. Chhaya @ Jayshri Hanmant Ingavale, was convicted under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of her newb...

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Bombay High Court Allows Accused's Appeal and Dismisses State's Appeal in Cruelty Case Due to Lack of Evidence. Conviction under Section 498A IPC set aside as allegations of cruelty were vague and not corroborated by independent witnesses.

The case involves two appeals: Criminal Appeal No.787 of 1997 filed by the accused, Smt. Vimal Anna Shinde and Balasaheb Anna Shinde, against their co...