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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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Gujarat High Court Upholds Acquittal in Kidnapping and Rape Case Due to Inconsistent Evidence and Consent. Allegations under Sections 363, 366, 376 IPC and Atrocity Act fail as victim's testimony is unreliable and medical evidence does not support prosecution case.

The State of Gujarat filed an acquittal appeal under Section 378 of the Criminal Procedure Code, 1973, challenging the judgment and order dated 10.01....

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High Court of Judicature at Bombay Removes Interim Application and Treats Guardianship Petition as One under Clause XVII of Letters Patent. Disposal of Interim Application No. 1768 of 2025 on 24 April 2025 Leads to Removal from Board.

The High Court of Judicature at Bombay, presided over by Justice Abhay Ahuja, took up Guardianship Petition No. 8 of 2025 along with Interim Applicati...

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Madras High Court Dismisses Father's Appeal for Guardianship of Minor Child; Upholds Mother's Custody and Visitation Rights. Father's Remarriage and Long-Standing Custody with Mother Were Key Factors; Welfare of Child Paramount Under Guardian and Wards Act, 1890.

The dispute arose from a marriage solemnized on 08.11.2010 between the appellant (father) and the respondent (mother) as per Christian rites. A male c...

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High Court of Karnataka Dismisses Habeas Corpus Petition by Father for Custody of Minor Child — Child in Mother's Custody Not Illegally Detained. Writ of Habeas Corpus Not Maintainable Where Custody Is with Natural Guardian and No Illegal Detention Is Shown.

The petitioner, Vayu Kishore, father of a 4-year-old minor child, Miss Vindhya Kishore, filed a writ of habeas corpus under Articles 226 and 227 of th...

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Bombay High Court Dismisses Father's Petition Challenging Temporary Custody of 5-Year-Old Daughter to Mother. Mother is preferred custodian for female child of tender years under Section 6 of Hindu Minority and Guardianship Act, 1956, as welfare of child is paramount.

The case involves a custody dispute between a husband and wife over their 5-year-old daughter. The parties married on 07.09.2014 and had a female chil...

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Bombay High Court Upholds Conviction for Kidnapping and Rape of Minor Under POCSO Act — Age of Victim Determined by Ossification Test and School Records, Consent Irrelevant for Minor.

The appellant, Sujoy @ Sanjay Laltu Chakravarty, was convicted by the Special Judge, Gondia, in Special POCSO Case No. 11/2014 for offences under Sect...