Search Results for "genetic abnormality"

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Supreme Court Acquits Accused in POCSO Case Due to Inconsistent Testimony and Lack of Medical Corroboration. Conviction under Section 4 of POCSO Act and Section 376 IPC Set Aside as Prosecution Failed to Prove Case Beyond Reasonable Doubt.

The case involves an appeal against the conviction of Dr. Ramesh under Section 4 of the Protection of Children from Sexual Offences Act, 2012 and Sect...

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Bombay High Court Strikes Down Surrogacy Rule Requiring Certificate of Genetic Abnormality for Intending Couple. Rule 1(d)(I) & (II) of Surrogacy (Regulation) Amendment Rules, 2023 held ultra vires the Surrogacy (Regulation) Act, 2021 as it imposes additional condition beyond the Act.

The petitioners, a married couple, sought to have a child through surrogacy due to the wife's medical issues. They challenged Rule 1(d)(I) & (II) of t...

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Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

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Supreme Court Confirms Death Sentence for Rape and Murder of 7½-Year-Old Mentally Challenged Girl. Circumstantial Evidence Including Last Seen, Recovery, and Medical Reports Established Guilt Beyond Doubt; Aggravating Factors Outweighed Mitigating Factors.

The Supreme Court dismissed the appeals of Manoj Pratap Singh, upholding his conviction and death sentence for the kidnapping, rape, and murder of a 7...

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Bombay High Court Confirms Death Sentence for Rape and Murder of Minor Girl - Upholds Conviction Under Sections 376, 302 IPC and Section 6 POCSO Act. Circumstantial Evidence Including Last Seen Theory and DNA Evidence Sufficient to Prove Guilt Beyond Reasonable Doubt.

The case pertains to the rape and murder of a 16-year-old girl on 5th September 2013. The victim, a student of ITI, was last seen by her mother at Asa...

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Bombay High Court Upholds Acquittal of Accused in Murder Case on Ground of Insanity. Paranoid Schizophrenia Established Under Section 84 IPC — Act Done Without Knowledge of Nature or Wrongfulness.

The State of Maharashtra appealed against the judgment and order dated 29.05.2003 of the learned ad-hoc Additional Sessions Judge, Sangli, in Sessions...

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Bombay High Court Allows Termination of Pregnancy Beyond 20 Weeks Due to Severe Foetal Anomalies. Medical Board Confirms Substantial Risk of Serious Physical Handicap Under Section 3(2)(b) of Medical Termination of Pregnancy Act, 1971.

The petitioner, a woman in her 27th week of pregnancy, filed a writ petition seeking permission for medical termination of pregnancy. She had undergon...