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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 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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Bombay High Court Alters Conviction from Murder to Culpable Homicide in Sudden Quarrel Case. Appellant Acquitted of Attempt to Murder Due to Unreliable Evidence.

The appellant, Janardan @ Shankar Tukaram Baing, was convicted by the Additional Sessions Judge, Ratnagiri in Sessions Case No. 27 of 2011 for offence...

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High Court of Karnataka Kalaburagi Bench Considers Criminal Appeal Against Conviction Under Sections 498A and 302 IPC. The Court Framed Issues on Trial Validity Due to Accused’s Mental Condition and Adequacy of Prosecution Evidence Including Hostile Witnesses.

The criminal appeal arose from the judgment and order of the II Additional District and Sessions Judge at Raichur in S.C. No.1/2015 convicting the acc...

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Bombay High Court Upholds Life Imprisonment for Son Convicted of Murdering Mother Based on Circumstantial Evidence. Conviction under Section 302 IPC confirmed as chain of circumstances including motive, last seen, and recovery of weapon was complete and consistent with guilt.

The appellant, Suryakant J. Gawde, was convicted by the Additional Sessions Judge, Panaji, sitting at Ponda, Goa, for the murder of his mother, Smt. S...

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High Court of Bombay Issues Suo Motu Directions to State to Ensure Proper Care for Mentally Deficient Children in Homes. State’s Failure to Implement Juvenile Justice Act Provisions Prompted Mandatory Directions for Streamlined Recognition, Management Committees, and Mental Health Care.

This suo motu Public Interest Litigation was initiated by the High Court of Judicature at Bombay on the basis of a newspaper report dated 24 August 20...

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High Court of Karnataka Dismisses KSRTC Appeal and Allows Cross-Objections in Motor Accident Claim — Compensation Enhanced for Injured Driver. Claimant, a retired driver, suffered 100% disability due to accident; court applied multiplier method and granted future prospects.

The case involves an appeal by the Karnataka State Road Transport Corporation (KSRTC) and cross-objections by the claimant, Hasanbasha, against the ju...