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Bombay High Court Upholds Death Sentence in Confirmation Case for Kidnap, Rape and Murder of 5-Year-Old Girl — Circumstantial Evidence Proved Guilt. Conviction Under IPC Sections 302, 363, 376(2)(f), and 201 Based on Last Seen, Preparation, and Medical Evidence Held Unassailable.

The case arose from the kidnap, rape, and murder of a five-year-old girl, Chakuli, in Nerli village, Kolhapur district, on the night of 24 October 200...

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Bombay High Court Upholds Disqualification of Municipal Corporator in Election Dispute Due to Conviction for House-Trespass. Conviction Under Section 448 IPC Involves Moral Turpitude, Rendering Petitioner Disqualified Under Section 10 of Maharashtra Provincial Municipal Corporation Act, 1949.

The petitioner, Karimuddin @ Karimlala Kazi, was elected as a Member of the Municipal Corporation from Prabhag No.21B on 16.04.2012. On 20.04.2012, an...

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Supreme Court Quashes Criminal Proceedings Against SAF Officers in Land Dispute Case — Complaint Found to be Abuse of Process After Contempt Petition Dismissal. Sanction Under Section 197 CrPC Required for Acts in Discharge of Official Duty.

The dispute pertains to land bearing Survey Nos. 1822 and 1823 in Gwalior city. The first respondent (complainant) claimed title as Bhumiswami and obt...

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Bombay High Court Quashes FIR in Matrimonial Dispute Due to Settlement Between Parties — Inherent Powers Under Section 482 CrPC Used to Prevent Abuse of Process. Settlement Between Husband and Wife Leads to Quashing of FIR for Offences Under Sections 323, 326, 342, 506 IPC.

The applicants, including the wife (applicant No.1) and her brothers (applicant Nos.2 and 3), filed a criminal application under Section 482 of the Co...

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Bombay High Court Quashes Process Against Police Constable in Custodial Violence Case — Lack of Sanction Under Section 197 CrPC. Allegations of beating by police officer during arrest require prior sanction for prosecution as the act was in discharge of official duty.

The applicant, Santosh Uttamrao Gomsale, a police constable posted at Kopargaon police station, filed a criminal application challenging the order of ...

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High Court of Karnataka Grants Bail to Accused in Murder Case Due to Parity with Co-Accused Already Released on Bail. Principle of parity applied under Section 439 Cr.P.C. for offences under Sections 302, 307, 326, 324, 504, 427, 149 IPC.

The petitioners, accused Nos. 3, 5, 6, 8, 10 and 15, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) see...

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Bombay High Court Quashes Counter-Blast FIR in Assault Case Due to Lack of Independent Witnesses and Inherent Improbability. The court held that a subsequent FIR filed after the complainant's own FIR, without independent witnesses, is liable to be quashed under Section 482 CrPC.

The petitioners, Bhaskar Madhukarrao Phad and Panaji Rubji Gavit, employees of MSEDCL, filed a Criminal Writ Petition under Section 482 of the Code of...

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Bombay High Court Upholds Acquittal of Eight Accused in Murder Case Due to Unreliable Evidence and Lack of Credible Witnesses. Common Judgment Acquits All Accused Charged Under Sections 147, 148, 149, 302, 323 IPC for Murder of Bharat Koli and Hurt to Yeshwant Koli.

The State of Maharashtra appealed against a common judgment dated 26.7.1989 of the Vth Additional Sessions Judge, Thane, acquitting eight accused pers...