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Bombay High Court Acquits Accused in Child Sexual Abuse Case Due to Inconsistent Testimony and Lack of Corroboration. Conviction under Section 354 IPC and Goa Children's Act Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Shri Kanhaiya Naik, was convicted by the Children's Court of Goa at Panaji in Special Case No. 24 of 2012 for offences under Section 35...

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Bombay High Court Quashes Search Warrant in Child Custody Dispute — Magistrate Exceeded Jurisdiction Under CrPC Section 97. Search warrant for children in father's custody set aside as mother had alternative remedy under Guardians and Wards Act, 1890.

The applicant, Vishal Jivan Jogure, husband of respondent No.1 Megha Vishal Jogure, challenged an order dated 23rd February 2005 passed by the Chief J...

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Bombay High Court Upholds Father's Vacation Access to Children in Custody Dispute with Conditions to Prevent Removal from India. Family Court's Order Allowing Seven-Day Trip Within India Upheld with Additional Safeguards Including Passport Deposit and Reporting Requirements.

The case involves a custody dispute between Dr. Ashrita S. Toshniwal (petitioner/wife) and Sandeep S. Toshniwal (respondent/husband) regarding their t...

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Bombay High Court Upholds Life Imprisonment for School Teacher in POCSO Case — Conviction Based on Child Victim's Testimony and Medical Evidence Found Reliable.

The appellant, Kesarinandan Sabhapati Upadhyay, was convicted by the Special Judge, Greater Mumbai, under the Protection of Children from Sexual Offen...

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Bombay High Court Holds Juvenile Cannot File Anticipatory Bail Under Section 438 CrPC; Remedy Lies Under Juvenile Justice Act. The JJ Act is a complete code providing for bail provisions for children in conflict with law, and Section 438 CrPC is not available to them.

The case involved a reference to a Division Bench of the Bombay High Court to decide whether a juvenile in conflict with law can file an application f...

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Bombay High Court Acquits Appellant in POCSO Case Due to Unproven Age — Benefit of Doubt Given as Prosecution Failed to Establish Minority of Prosecutrix Beyond Reasonable Doubt Under Sections 4, 6 of POCSO Act and Sections 363, 376 IPC.

The appellant, Ashik Ramjan Ansari, was convicted by the Special Judge at Greater Bombay in POCSO Special Case No.203 of 2016 for offences under Secti...