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Karnataka High Court Dismisses Bail Petitions and Refers Questions on POCSO Act to Division Bench. Single Judge observes conflicting views on Section 35 compliance and refers issues regarding default bail and evidence recording under Section 164 Cr.P.C., doubting Vinay v. State of Karnataka.

The case involved two criminal petitions filed before the Karnataka High Court by the accused, Hanumantha Mogaveera, seeking bail under Section 439 of...

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Return of Minor Child to USA. Court holds that welfare of child is paramount and mere illegal removal from foreign jurisdiction does not automatically warrant return without considering child's best interests.

The petitioner, Abhinav Gyan Prasad, a US citizen residing in the USA, filed a habeas corpus petition in the Bombay High Court seeking the production ...

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Bombay High Court Allows State Appeal Against Inadequate Sentence in Child Rape Case — Sentence Enhanced from 2 to 7 Years. Court held that two years RI for attempt to rape a 7-year-old child was grossly inadequate under Section 376 read with Section 511 IPC and Section 8(2) of Goa Children's Act, 2003.

The State of Goa appealed under Section 377 of the Code of Criminal Procedure, 1973 against the judgment and order dated 5th December 2008 passed by t...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Goa Children's Act, 2003 as Premature. Petitioner Convicted for Kidnapping and Murder of Minor Cannot Challenge State Legislation When Appeal Against Conviction is Pending.

The petitioner, Rohan Pradeep Dhungat, was convicted by the Goa Children's Court in Special Case No.28/2006 for offences including kidnapping for rans...