Judgements by RB Sharma

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High Court Acquits Accused in Rape Case Due to Procedural Defects and Insufficient Evidence - Fundamental Error in Framing Charge Under Deleted Provision and Inconsistent Testimony Fail to Sustain Conviction Under IPC...

The High Court allowed the criminal appeal filed by Appellant against his conviction and life imprisonment under Section 376(3) of the Indian Penal Code, 1860 (IPC) for alleged rape of a minor. The Co...

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High Court Quashes Detention Order of Major Victim Under Immoral Traffic (Prevention) Act 1956 -- Victim's Fundamental Rights Upheld Over Speculative Risk of Relapse...

The High Court allowed a Writ Petition filed by Victim No.3 challenging her detention in a protective home under Section 17(4) of the Immoral Traffic (Prevention) Act 1956. The Petitioner, a major vic...

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High Court Sets Aside MACT Order Deleting Insurance Company in Motor Accident Claim -- Premature Deletion Without Evidence Violates Natural Justice -- Reinstatement of Party for Proper Adjudication Under Motor Vehicles Act...

The High Court of Bombay at Goa allowed a writ petition challenging an order of the Motor Accidents Claims Tribunal (MACT) that deleted Bajaj Allianz General Insurance Company Ltd. as a respondent in ...

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High Court Partially Allows Criminal Appeal -- Acquits Appellant Under Section 376-AB of IPC In POCSO u/s 4(2)Case Due To Lack Of Kidnapping Evidence -- Convictions Under Sections 363, 354-A(2) and 8 of POCSO maintained Upheld...

The appellant challenged his conviction for offences under IPC and POCSO Act. The High Court analyzed the evidence, focusing on the victim's testimony and age proof. The Court found that the victim vo...

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High Court Dismisses Writ Petition Seeking Relief Under Protection of Women from Domestic Violence Act, 2005 - Relationship During Subsistence of Marriage Not Recognized as 'Relationship in Nature of Marriage'...

The Petitioner, filed a Writ Petition seeking relief under Protection of Women from Domestic Violence Act, 2005 (PWDVA, 2005) claiming her relationship with Respondent No. 1 constituted a 'relationshi...

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Supreme Court uphold alteration of conviction of Appellant in Murder Case Due to Inconsistent Evidence and Unproved Common Object -- Conviction Under Section 302/149 IPC Set Aside...

The Supreme Court examined the appeal against conviction where the appellant was originally convicted under Section 302 read with Section 149 IPC for the murder of Ram Singh -- The High Court had modi...

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Supreme Court Cancels Bail in POCSO Case Due to Suppression of Material Facts and Failure to Consider Gravity of Offence -- High Court's Bail Order Set Aside as Perverse and Unjustified...

The Supreme Court allowed the criminal appeal challenging the High Court's bail order in a case involving serious sexual offences against a minor -- The Court found that the accused had suppressed the...

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High Court of Bombay at Goa confirmed conviction of Appellant in Sexual Assault Case Under IPC and Goa Children's Act Due to consistent Evidence and Corroboration...

The Appellant was convicted by the Children's Court for offences under Sections 341, 354, 375(b), and 376(2)(i) of the Indian Penal Code, 1860 (IPC) read with Section 2(y)(i) and (ii) punishable under...

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High Court Allows Special Civil Application for Continuity of Service Benefits -- Reinstated Workers Entitled to Government Resolution Benefits Despite Labour Court Award Silence on Continuity...

The High Court of Gujarat allowed a Special Civil Application filed by seven petitioners who were reinstated by the Labour Court after termination of their services as laborers. The Labour Court award...

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High Court Allows Insurance Company's Appeal in Motor Accident Claim -- Tribunal's Award Set Aside Due to Lack of Additional Premium for Legal Liability Towards Paid Driver -- Compensation to be Recalculated Under Workmen Compensation Act...

The High Court allowed an appeal by United India Insurance Company Limited, challenging a Tribunal's award of compensation to the legal heirs of a deceased driver. The driver died in an accident cause...