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Bombay High Court Acquits Accused in POCSO Case Due to DNA Evidence Inconsistency and Unreliable Testimony. Conviction under Section 376(2)(f)(l) IPC and Section 6 POCSO Act set aside as DNA report excluded semen and blood of accused, and victim's testimony was tutored.

The appellant, Bhaiyya S/o Vijay Chakre, was convicted by the Special Judge, Achalpur, for offences under Section 376(2)(f)(l) of the Indian Penal Cod...

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Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Lack of Proximity and Non-Application of Mind. Detention orders set aside as the detenus were not directly involved in smuggling and the detaining authority failed to consider less drastic alternatives.

The Bombay High Court, by a judgment dated 24 January 2014, allowed two criminal writ petitions challenging preventive detention orders passed under S...

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High Court of Gujarat Considers Death Reference and Appeals Against Conviction and Death Sentence for Gang Rape and Murder. Trial Court Found Accused Guilty Under Sections 302, 201, 366, 376(d) IPC and Imposed Death Penalty Based on Circumstantial Evidence Including DNA and Eyewitness Accounts.

The case arises out of the judgment and order dated 29 April 2022 passed by the Sessions Court, Kapadvanj, Kheda, in Sessions Case No. 12 of 2021, con...

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Bombay High Court Allows Writ Petition Challenging Termination of Contract by Municipal Corporation — Violation of Natural Justice and Contractual Obligations. Contract Termination Set Aside as Corporation Failed to Follow Contractual Dispute Resolution Mechanism and Principles of Natural Justice.

The petitioner, BVG India Ltd., was awarded a contract by the Navi Mumbai Municipal Corporation in January 2016 for a period of five years for solid w...

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Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

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Bombay High Court Upholds Life Conviction for Murder Based on Circumstantial Evidence and Motive. Accused's Conduct and Last Seen Evidence Sufficient to Sustain Conviction Under Section 302 IPC.

The appellant, Hari @ Harihar Udaybhanji Waghade, was convicted under Section 302 of the Indian Penal Code for the murder of Champatrao Nagose and sen...

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Bombay High Court Upholds Conviction for Murder and Attempt to Dispose of Body in Domestic Violence Case — Circumstantial Evidence Sufficient to Prove Guilt. Extra-judicial confession and last seen theory established the appellant's guilt under Section 302 IPC and Section 201 r/w 511 IPC.

The appellant, Pundlik Basu Chavan, was convicted by the Additional Sessions Judge, Gadhinglaj, for the murder of his wife under Section 302 IPC and f...