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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

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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...

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Bombay High Court Allows Habeas Corpus Petition for Minor Daughter Kidnapped by Accused, Directs Police to Produce Victim and Hand Over Custody to Father. Writ of Habeas Corpus Maintainable for Production of Minor Child Illegally Detained Under Section 363 IPC.

The petitioner, Junned Ahmed Mujib Khan, filed a criminal writ petition seeking a writ of habeas corpus for production of his minor daughter, Khaleda ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — No Evidence of Cruelty or Abetment of Suicide. Presumption under Section 113A of Indian Evidence Act, 1872 not applicable as suicide occurred beyond seven years of marriage.

The State of Maharashtra appealed against the acquittal of four respondents (husband, father-in-law, mother-in-law, and brother-in-law of the deceased...

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Bombay High Court Dismisses Father's Appeal for Custody of Minor Son Under Guardians and Wards Act, 1890 — Welfare of Child Paramount Over Father's Right Under Muslim Personal Law. Custody of minor son 'Umarkhan' retained with mother as father failed to prove his fitness and child's welfare.

The appellant, Imran Khan, filed an appeal against the judgment and order dated 31st October 2015 passed by the Family Court, Nanded, in Petition No. ...

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High Court of Karnataka Allows Daughter's Maintenance Claim Under Section 125 CrPC Against Father Despite Muslim Personal Law. The court held that Section 125 CrPC overrides personal law and a major unmarried daughter unable to maintain herself is entitled to maintenance from her father.

The petitioner, Meharunnisa, an unmarried major Muslim daughter, filed a petition under Section 482 CrPC challenging the order of the Fast Track Court...

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Karnataka High Court Dismisses Minor Muslim Girl's Petition Seeking Exemption from Child Marriage Act. Personal Law Cannot Override Statutory Prohibition on Child Marriage Under Prevention of Child Marriage Act, 2006.

The petitioner, Seema Begaum, a 16-year-old Muslim girl, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a decla...

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Bombay High Court Dismisses Husband's Appeal for Restitution of Conjugal Rights in Muslim Marriage Dispute — Marriage Not Proved Due to Lack of Evidence of Consummation and Cohabitation.

The appellant-husband filed a petition for restitution of conjugal rights under Muslim Personal Law, claiming he married the respondent-wife on 1.11.1...

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Bombay High Court Upholds Rape Conviction in Revision — Sentence Reduced to 4 Years R.I. Based on Credible Testimony of Prosecutrix Under Section 376 IPC. Minor Contradictions in Prosecution Evidence Do Not Warrant Acquittal as Testimony of Victim is Found Reliable and Trustworthy.

The applicant, Tekaram s/o Krishna Ghormare, was convicted under Section 376 IPC by the 2nd Ad-hoc Assistant Sessions Judge, Bhandara on 18.12.2003 in...