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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 Dismisses Writ Petition of Retired Medical Officer Challenging Denial of Pension After Conviction for Heinous Offences. Departmental Enquiry Initiated After Retirement Under Rule 27(2)(b)(i) of Maharashtra Civil Services (Pension) Rules, 1982 Upheld as Valid.

The petitioner, Dr. Santram s/o Mitharam Rathod, was a Medical Officer in the Public Health Department of Maharashtra, appointed on 7 June 1982. He wa...

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Bombay High Court Upholds Conviction of Father for Rape of Minor Daughter Under IPC and POCSO Act — Life Imprisonment Maintained. Incestuous Rape by Father of 14-Year-Old Victim Resulting in Pregnancy; Conviction Under Section 376(2)(f),(n) IPC and Section 5/6 POCSO Act Upheld.

The appellant, Dnyaba @ Dnyaneshwar s/o Gyanuji Tajne, was convicted by the Additional Sessions Judge, Washim in Special Child Case No.72/2016 for off...

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Bombay High Court Allows Mentally Challenged Person to Donate Kidney to Brother Under Transplantation of Human Organs and Tissues Act, 1994 — Natural Guardians Can Give Consent for Organ Donation by Mentally Incompetent Donor.

The petitioners, Ganpatrao Pawar and his wife Suman, are parents of two sons: Amol (petitioner no. 3), who is mentally challenged and represented by h...

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Bombay High Court Upholds Conviction for Cheating in Promise-to-Marry Case — Acquittal for Rape Stands. Accused convicted under Section 417 IPC for inducing sexual intercourse on false promise of marriage, but acquitted of rape as consent was not vitiated.

The appellant, Lahanu Waman Kharde, was convicted by the Additional Sessions Judge, Sangamner, for the offence punishable under Section 417 of the Ind...

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Bombay High Court Dismisses Petition Challenging Maintenance Under Section 125 CrPC for Muslim Woman Divorced by Talaq-e-Biddat. Talaq-e-Biddat Pronounced in a Single Sitting Without Observing Iddat Period Is Void and Does Not Dissolve Marriage, Hence Wife Entitled to Maintenance Under Section 125 CrPC.

The petitioner, Shameem Baig, challenged the order of the Family Court granting maintenance to his wife, Najmunnisa Begum, under Section 125 of the Co...