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Bombay High Court Allows Revision, Discharges Newspaper Editor in POCSO Identity Disclosure Case. Section 23(3) POCSO Act imposes vicarious liability on publisher only if employee acts within course of employment; editor not liable for independent acts of reporter.

The case involves a criminal revision application filed by Gammat Nandlal Bhandari, the editor/publisher of a newspaper, challenging the order of the ...

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High Court Quashes Detention Order of Major Victim Under Immoral Traffic (Prevention) Act 1956 -- Victim's Fundamental Rights Upheld Over Speculative Risk of Relapse

The High Court allowed a Writ Petition filed by Victim No.3 challenging her detention in a protective home under Section 17(4) of the Immoral Traffic ...

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Bombay High Court Dismisses Appeal of Accused in POCSO Case — Upholds Conviction for Rape of Five-Year-Old Based on DNA Evidence. Semen on Victim's Clothes Matched Accused's DNA, Corroborating Victim's Account Despite Absence of Physical Injuries.

The case involves an appeal against the conviction of the accused for the rape of a five-year-old girl under Section 376(2)(i)(j) IPC and Section 5(m)...

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Bombay High Court Allows Victim's Petition Against Detention Under ITPA, Orders Release and Compensation. Detention of Major Victim in Corrective Institution Without Consent Violates Right to Liberty Under Article 21.

The petitioner, a victim of trafficking, was rescued from a brothel in Mumbai and produced before the Magistrate. The Magistrate, after receiving repo...

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Bombay High Court Allows Custody of Victim to Sister in Immoral Trafficking Case — Welfare of Victim Paramount Under Immoral Traffic (Prevention) Act, 1956. Court Holds That Custody to Family Member Is Preferred Over Protective Home, Considering Victim's Age and Wishes.

The Bombay High Court allowed a criminal writ petition filed by Ruma Mohirhusen Shaikh and XYZ (the victim) challenging orders rejecting custody of th...

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Bombay High Court Allows Custody of Victim to Believed Mother in Immoral Traffic Case — Emphasizes Victim's Welfare and Consent. Section 17(4) of Immoral Traffic (Prevention) Act, 1956 requires court to consider victim's wishes and suitability of guardian before ordering corrective institution.

The petitioner, Asiya Anwar Shaikh, filed a writ petition challenging the order of the Additional Sessions Judge, Pandharpur, which confirmed the orde...

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Bombay High Court Acquits Stepfather in POCSO Case Due to DNA Evidence Excluding Paternity — Scientific Evidence Overrides Circumstantial and Testimonial Weaknesses in Rape Conviction Under Sections 376(2)(f),(i),(j) IPC and Section 6 POCSO Act.

The appellant, Govind alias Hemrab s/o Mahadeo Deolkar/Deulkar, was convicted by the learned Designated Judge, POCSO Act and Additional Sessions Judge...

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Bombay High Court Acquits Accused in Rape Case Based on Consent and Promise of Marriage — Failure to Prove Ingredients of Rape Under Section 375 IPC. Evidence of Victim Contradictory and Medical Evidence Inconsistent with Prosecution Story.

The applicant, Pravin @ Shrikrishna Chandrakant Marathe, was convicted by the Assistant Sessions Judge, Sindhudurg, for offences under Sections 376, 4...

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Bombay High Court Acquits Accused in Section 354 IPC Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction for Outraging Modesty Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Umesh Dharamdas Landge, was convicted by the 6th Ad hoc Additional Sessions Judge, Nagpur in Sessions Trial No.558 of 2001 for an offen...

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Bombay High Court Acquits Husband in Dowry Death Case Due to Lack of Evidence of Abetment to Suicide. Conviction under Sections 498-A and 306 IPC set aside as prosecution failed to prove cruelty or instigation leading to suicide.

The appellant, Appasaheb Gorakhnath Kakade, was convicted by the 4th Adhoc Sessions Judge, Aurangabad in Sessions Case No.79/2004 for offences under S...