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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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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

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Bombay High Court Sets Aside Family Court Order Disturbing Child Custody Based on Consent Without Welfare Inquiry. The court held that a custody order under Section 8 of the Guardians and Wards Act, 1890 cannot be passed solely on consent without considering the welfare of the child.

The case involves an appeal by the father (Appellant 'A') against a Family Court order dated 15 July 2014 that disturbed the custody of his two minor ...

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Karnataka High Court Dismisses Petition to Quash POCSO Charges Due to Multiplicity of Child Victims Alleging Sexual Assault. Court Holds That Procedural Violations Do Not Vitiate Proceedings When Prima Facie Material Discloses Serious Offences, Requiring Full Trial.

The petitioner, an Assistant Professor at the Indian Institute of Science, Bengaluru, filed a petition under Section 482 of the Code of Criminal Proce...

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High Court of Karnataka Acquits Accused in POCSO Case Due to Unproven Age of Victim and Inconsistent Evidence. Conviction under Sections 366A, 344, 376(2)(n) IPC and Section 6 POCSO Act set aside as prosecution failed to establish victim's minority beyond reasonable doubt.

The appellant, Anil S/o Bhayrappa Khairav, was convicted by the Additional Sessions Judge, FTSC-I (POCSO), Vijayapura, in Special Case (POCSO) No.15/2...

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Bombay High Court Upholds Maharashtra RTE Amendment Rules 2024 Exempting Private Unaided Schools Near Government/Aided Schools from 25% Quota. The Amendment Rules are held intra vires the RTE Act and Constitution, as they promote efficient resource allocation and prevent duplication of facilities.

The Bombay High Court dismissed a batch of petitions challenging the Maharashtra Right of Children to Free and Compulsory Education (Amendment) Rules,...