Search Results for "substantive offence"

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Search Results for "substantive offence"

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High Court

Bombay High Court Upholds Conviction for Rape of Minor in Sugarcane Field — Testimony of Prosecutrix Found Credible Despite Minor Inconsistencies. The court held that the sole testimony of the prosecutrix, if trustworthy, is sufficient to convict under Section 376 IPC, and non-examination of a cousin or minor contradictions do not discredit the prosecution case.

30 Mar 2012

The appellant, Anil Kisan Barde, was convicted by the Additional Sessions Judge, Baramati, for the offence of rape under Section 376 of the Indian Pen...

High Court

High Court of Bombay at Nagpur Allows Appeal in Negotiable Instruments Act Case — Cheque Dishonour Conviction Restored. Appellant-Society Proves Loan Liability and Issuance of Cheque for Discharge of Debt, Reversing Acquittal Under Section 138 of the Negotiable Instruments Act, 1881.

14 Sep 2012

The appellant, Vishal Nagari Sahakari Pat Sanstha Maryadit, a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, fi...

High Court

Bombay High Court Dismisses Revision Against Conversion of Conviction from Section 325 to Section 323 IPC — Procedural Amendment Not Retrospective to Affect Accused's Vested Right of Appeal. The court held that the proviso to Section 372 CrPC inserted in 2009 is prospective and does not apply to judgments delivered before its commencement, thus the revision could not be converted into an appeal.

25 Oct 2012

The petitioner, Nandabai, was the original complainant in a criminal case against the respondent-accused, Maruti Gopala Mehetre, for causing hurt. The...

High Court

Bombay High Court Upholds Conviction for Robbery with Deadly Weapon in Night-Time Incident — Injuries on Appellant Explained by Mob Apprehension. The court held that the testimony of four injured eyewitnesses was credible and the non-recovery of the knife did not discredit the prosecution case under Section 394 read with Section 397 IPC.

21 Jan 2019

The appellant, Mahesh Ramprasad Gupta, was convicted by the 2nd Additional Sessions Judge, Akola in Sessions Trial No. 131/2002 for offences under Sec...

High Court

Bombay High Court Acquits Iranian Nationals in Customs Narcotics Case Due to Lack of Evidence of Conscious Possession. Conviction under NDPS Act set aside as prosecution failed to prove that accused had knowledge of heroin concealed in suitcases.

1 Mar 2006

The case involves two Iranian nationals, Mohamound Mehri Allahyari (original accused No.2) and Rajabali Nejad Dehghan (original accused No.1), who wer...

High Court

Bombay High Court Dismisses State's Leave to Appeal Against Acquittal as Time-Barred Under Section 378 CrPC. Limitation period for filing appeal against acquittal by State is 90 days from date of judgment; application filed after 1 year 3 months is barred by limitation.

17 Nov 2006

The State of Maharashtra filed an application for leave to appeal under Section 378 of the Code of Criminal Procedure, 1973 against an order dated 12t...

High Court

Bombay High Court Acquits Appellants in Counterfeit Currency Case Due to Lack of Evidence of Knowledge. Conviction under Section 489C IPC set aside as prosecution failed to prove that appellants knew or had reason to believe the notes were counterfeit.

19 Mar 2015

The appellants, Manirul Maulavi Mustafa and others, were convicted by the Additional Sessions Judge, Pune for possession of counterfeit currency notes...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony of Related Witnesses and Lack of Corroboration. Conviction under Section 302 read with Section 34 IPC set aside as sole eyewitnesses were interested and their evidence was inconsistent with medical and other evidence.

12 Jul 2016

The case pertains to the murder of Dnyandeo Thakare, who was allegedly assaulted by two accused, Laxman Bhatkar and Devidas Wankhede, on 6th April 200...

High Court

High Court of Karnataka Acquits Accused in Housebreaking and Theft Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Sections 457 and 380 IPC set aside as sole testimony of child witness was inconsistent and uncorroborated.

6 Jul 2022

The petitioner, Thippeswamy @ Kunta Thippaga, was convicted by the Judicial Magistrate First Class at Challakere in C.C.No.898/2010 for offences under...

High Court

High Court of Karnataka Dismisses State Appeal Against Acquittal in Attempt to Murder Case — Acquittal Upheld Due to Inconsistent and Unreliable Testimony of Interested Witnesses. Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Sections 307, 324, 323, 148, 147, 143, 504, 506 r/w 149 IPC.

19 Nov 2021

The State of Karnataka, through Medigeshi Police, filed an appeal under Section 378(1) and (3) of the Code of Criminal Procedure, 1973, challenging th...

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