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Gujarat High Court Dismisses Habeas Corpus Petition by Father Seeking Custody of Minor Daughter from Mother. Court holds that a mother cannot be said to be in illegal detention of her own child, and habeas corpus is not maintainable for custody disputes between parents.

The petitioner, Akulkumar Dineshbhai Rana, the father of a minor daughter named Swara, filed a habeas corpus petition before the Gujarat High Court al...

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Supreme Court Holds High Court Erred in Retrospectively Applying 2019 POCSO Amendment to Sentence Accused in Child Sexual Assault Case. Pre-2019 Section 6 of POCSO Act, Not Amended Section, Applies to Offence Committed in 2016, as Article 20(1) Bars Retroactive Penal Enhancement.

The case arose from an incident on 17.02.2016 in which a three-year-old girl was subjected to aggravated penetrative sexual assault. The victim's fath...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 377 IPC and Sections 3 and 4 of POCSO Act set aside as testimonies of child victims were contradictory and unsupported by medical evidence.

The appellant, Navin Dhaniram Baraiye, was convicted by the Additional Sessions Judge, Nagpur in Special POCSO Case No. 218/2016 for offences under Se...

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Bombay High Court Adjudicates Habeas Corpus Petition by Father of Minor Child for Custody and Return to USA; Maintainability of Habeas Corpus and Compliance with Foreign Court Order Considered After Remand by Supreme Court

The case involves a habeas corpus petition filed by the father of a minor child, Aaryan, seeking production and custody from the mother. The father, a...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Testimony and Lack of Corroboration. Conviction for Rape and Aggravated Penetrative Sexual Assault Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Rajratan Sahebrao Nawghare, was convicted by the Sessions Judge, Nanded, in Special Case (POCSO) No.10/2013 for offences under Section ...