Search Results for "Section 354"

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Supreme Court Dismisses Appeal Against Framing of Charges in Sexual Assault Case — Reiterates Limited Scope of Section 227/228 CrPC at Charge-Framing Stage

The Supreme Court dismissed the appeal filed by Tarun Jit Tejpal against the judgment of the Bombay High Court at Goa, which had refused to discharge ...

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Bombay High Court Allows Discharge of Accused in SC/ST Act Case for Lack of Knowledge of Victim's Caste. Touching incident in bus not an offence under Section 3(1)(w) of SC & ST (Prevention of Atrocities) Act, 1989 without proof that accused knew victim was a member of Scheduled Caste or Scheduled Tribe.

The applicant, Satish Yetare, a journalist, filed a criminal revision application challenging the order dated 20.10.2015 passed by the 1st Ad hoc Addi...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Notice sent by registered post but not actually delivered to the accused; court holds that presumption of service under Section 27 of General Clauses Act is rebuttable and not automatic.

The applicant, Girish Gangaram Chitta, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR ...

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Bombay High Court Acquits Accused in POCSO Case Due to Material Contradictions and Improbable Prosecution Case. Conviction Under Section 354 IPC and Section 7/8 POCSO Act Set Aside as Testimony of Child Witness and Uncle Found Unreliable.

The appellant, Akhil Ismail Pinjari, was convicted by the Additional Sessions Judge, Pune, for offences under Section 354 of the Indian Penal Code and...

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Bombay High Court Upholds Conviction of Appellant for Sexual Assault of Minor under POCSO Act — Victim's Testimony Found Credible and Corroborated by Medical Evidence and Prompt FIR.

The appellant, Kundan Shivshankar Fating, was convicted by the Special Judge under the POCSO Act, Wardha, for offences under Section 8 read with Secti...

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Bombay High Court Acquits Accused in Abetment of Suicide Case Due to Lack of Proximate Link Between Alleged Outrage of Modesty and Suicide. The court held that the dying declaration did not support the prosecution case and there was no evidence of instigation under Section 306 IPC.

The appellant, Sanjay Dahake, was convicted by the 2nd Adhoc Additional Sessions Judge, Chandrapur, for offences under Sections 306, 354 and 448 of th...

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Bombay High Court Quashes FIR in Outraging Modesty Case Due to Inordinate Delay and Lack of Credible Evidence. Complaint filed after 8 months without explanation for delay and with contradictory statements leads to quashing under Section 482 CrPC.

The petitioner, Dr. Prakash Kanhayalal Kankaria, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking qua...

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Bombay High Court Acquits Accused in SC/ST Act Case Due to Lack of Evidence of Outraging Modesty. Slapping Alone Does Not Constitute Offence Under Section 354 IPC or Section 3(1)(xi) of SC & ST (Prevention of Atrocities) Act, 1989.

The case arises from a criminal revision application filed by Sadashiv Lokhande against his conviction by the Assistant Sessions Judge, Yavatmal in Sp...