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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 Upholds Acquittal in Kidnapping Case Due to Absence of Formal Charge and Distinct Offence Nature. Conviction Under Section 364 IPC Without Framing Charge Violates Fair Trial Norms as It Is Not a Minor Offence Compared to Section 302 IPC Under Section 222 Cr.P.C.

The State of Uttar Pradesh appealed against the High Court's judgment acquitting Ram Swaroop, who had been convicted by the trial court under Section ...

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Bombay High Court Allows Habeas Corpus Petition for Return of Minor Child to Netherlands. Dutch Mother's Custody Rights Upheld; Child's Habitual Residence Determined as Netherlands.

The petitioner, a Dutch national, filed a habeas corpus petition seeking the return of her minor daughter 'N' from the respondent father and his famil...

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High Court of Karnataka Dismisses State Appeal Against Acquittal in Rape and Kidnapping Case — Prosecution Fails to Prove Guilt Beyond Reasonable Doubt. Minor Victim's Testimony Found Unreliable Due to Contradictions and Lack of Corroboration Under Sections 363, 366-A, 376, 506 IPC.

The State of Karnataka appealed against the acquittal of the accused Wasim Pasha @ Abbu for offences under Sections 363, 366-A, 376, and 506 of the In...

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Bombay High Court Allows State Appeal in POCSO Case, Sets Aside Acquittal of Father for Rape of Minor Daughter. Delay in FIR Lodging Held Not Fatal in Child Sexual Abuse Cases Due to Unique Victim-Offender Relationship.

The State of Goa, through the Police Inspector of Canacona Police Station, appealed against the judgment of the Children's Court at Goa which acquitte...

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Bombay High Court Acquits Accused in Rape and Abduction Case Due to Unreliable Testimony and Lack of Corroboration. Conviction under Section 376 IPC Set Aside as Prosecutrix's Evidence Was Inconsistent and Medical Evidence Did Not Support Rape Allegation.

The case involves two criminal appeals arising from Sessions Case No. 69 of 2008 before the Additional Sessions Judge, Hingoli. The appellant in Crimi...

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Bombay High Court Appoints Maternal Grandfather as Guardian of Minor Child Whose Father is Accused of Murdering Mother. Welfare of Child Paramount Under Guardians and Wards Act, 1890 — Father's Unfitness Due to Criminal Charges and Incarceration Leads to Grandfather's Custody.

The case involves two guardianship petitions concerning a minor girl, Angelina Miranda, aged 3 years 9 months. The maternal grandfather filed Guardian...

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The Supreme Court heard criminal appeals arising from a common judgment of the Madras High Court dated 06.10.2007, which upheld convictions and senten...