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Karnataka High Court Allows Writ Petition Seeking Mandamus for FIR Registration Due to Police Inaction. Failure to Register FIR Violates Articles 14 and 21 of the Constitution and the Mandatory Duty under Section 154 of the Code of Criminal Procedure, 1973.

The petitioner, an agriculturist, claimed ownership and possession of agricultural land in Naribole village, Kalaburagi district. A dispute arose when...

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Bombay High Court Dismisses Customs Appeal Against Acquittal in Gold Smuggling Case — Retracted Confession and Lack of Independent Witnesses Lead to Acquittal Confirmation. Section 108 Customs Act statement retracted on ground of coercion and not corroborated by independent evidence, hence not reliable.

The case involves an appeal by the Union of India against the acquittal of Narendra Ratanchand Jain (respondent no.1) for offences under the Customs A...

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Supreme Court Dismisses Appeal Against Framing of Charges in Rape Case Based on False Promise of Marriage and Coercion. Consent Obtained Under Misconception of Fact or Fear of Defamation is Vitiated and Constitutes Rape Under Section 375 IPC.

The case arises from a criminal appeal by special leave against the judgment of the Madhya Pradesh High Court dismissing the appellant's revision agai...

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Bombay High Court at Goa Dismisses Criminal Revision Applications Challenging Cognizance and Process Issuance in CBI Corruption Case. Sanction for Prosecution Under Section 19 of Prevention of Corruption Act, 1988 Not Required for Private Complaints Under Section 190 CrPC.

The judgment pertains to four criminal revision applications filed by multiple applicants challenging the order of the Special Judge (CBI) at Goa, who...

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Bombay High Court Suspends Sentence of Appellant Convicted for Rape of Minor Cousin Under POCSO Act and IPC, Grants Bail Pending Appeal. The court considered distinctive facts and no misuse of earlier bail to suspend the sentence under Section 389 CrPC.

The appellant, Arhant Janardan Sunatkari, a 19-year-old student, was convicted by the trial court for committing rape repeatedly on the same woman, an...

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Karnataka High Court Grants Bail to Accused in POCSO and Rape Case — Victim's Age Discrepancy and Consensual Relationship Considered. Court held that the victim was above 16 years and the relationship was consensual, warranting bail under Section 439 CrPC.

The petitioner, Mr. Rahul @ Nayaz Pasha, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in ...

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High Court of Karnataka Quashes SC/ST Act Proceedings Against Accused for Lack of Intent and Public View Requirement. Alleged Caste-Based Insults in Private Setting Not Attracting Section 3(1)(10) of SC & ST (Prevention of Atrocities) Act, 1989.

The petitioners, accused 1 to 8, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of procee...

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Supreme Court Acquits Appellants in Murder Case Based on Circumstantial Evidence — Chain of Circumstances Incomplete, Extra-Judicial Confession Weak. The court held that suspicion cannot replace proof beyond reasonable doubt under Sections 302 and 120B of the Indian Penal Code, 1860.

The Supreme Court allowed the appeals of Devi Lal and Babu Lal, setting aside their conviction under Section 302 read with Section 120B of the Indian ...

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Supreme Court Dismisses Appeal by Former Judicial Officer in Sexual Offence Case, Upholding Charges Under Sections 376(2)(f), 417, and 506 IPC Based on Prima Facie Evidence of False Promise to Marriage and Exploitation

<p>The Appellant, a former judicial officer, sought discharge from charges under Sections 376(2)(f), 417, and 506 IPC, alleging a consensual rel...