Search Results for "Section 164 CrPC omissions"

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Bombay High Court Dismisses Appeals Challenging MPID Act Application in NSEL Scam Case — Held That MPID Act Applies to NSEL as a Financial Establishment and That Default in Repayment of Deposits Attracts Offences Under the Act.

The judgment arises from multiple criminal appeals and interim applications filed by various parties, including directors, brokers, and financial inst...

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High Court of Bombay Quashes Conviction of Seven Accused in Murder-Robbery Case for Non-Compliance of Section 313 CrPC. Failure to Provide Proper Opportunity to Explain Incriminating Circumstances Under Code of Criminal Procedure, 1973 Vitiates Trial.

The High Court of Bombay heard five criminal appeals arising from the conviction of seven accused under Section 396 read with Section 34 of the Indian...

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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 Co...

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Supreme Court Modifies Sentence in Father-Daughter Rape Case: POCSO Act Overrides IPC for Offence but Greater Punishment Applies Under Section 42. The Court held that Section 42 of POCSO Act mandates application of law providing greater punishment, and High Court cannot enhance sentence without appeal.

The appellant, Gyanendra Singh @ Raja Singh, was convicted by the trial court for offences under Sections 376(2)(f) and 376(2)(i) of the Indian Penal ...

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Bombay High Court Dismisses State's Petition Challenging Deferred Cross-Examination Order in Murder Trial. Sessions Court's Discretionary Order Under Section 231(2) CrPC Allowing Examination-in-Chief of All Eye Witnesses Before Cross-Examination Upheld as Not Illegal or Perverse.

The State of Maharashtra filed a criminal writ petition under Article 227 of the Constitution challenging an order dated 17.01.2018 passed by the Addi...

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High Court of Bombay at Aurangabad Dismisses State's Petition Challenging Deferred Cross-Examination Order in Murder Trial. Trial Court's Discretion Under Section 231(2) CrPC to Prevent Witness Improvement Upheld.

The State of Maharashtra filed a criminal writ petition under Article 227 of the Constitution of India challenging an order dated 17.01.2018 passed by...

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Bombay High Court Acquits Accused in Kidnapping Case Due to Inconsistent Evidence and Lack of Proof of Age. Conviction under Sections 363 and 366 IPC Set Aside as Prosecution Failed to Establish Victim Was Below 18 Years and That Taking Was Without Consent.

The appellants, Rohidas Laxman Malge and Vilas Sopanrao Landge, were convicted by the trial court under Sections 363 and 366 read with Section 34 of t...