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Bombay High Court Allows Discharge of Accused from MCOC Act Offences for Lack of Sanction and Prima Facie Case. The court held that the sanction under Section 23(1)(a) of MCOC Act was invalid and the allegations did not constitute 'organised crime' under Section 2(1)(e) of the Act.

The appellants, original accused nos.1 to 6 in MCOC Special Case No.5 of 2016 pending before the Special Judge (under the MCOC Act), Pune, filed an ap...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

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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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Supreme Court Reinstates Conviction in 40-Year-Old Child Rape Case, Overturns High Court’s Acquittal. Silence of a Traumatized Child Witness Not Fatal to Prosecution Case – Medical and Circumstantial Evidence Sufficient for Conviction

Child Witness and Trauma-Induced Silence: The Court held that the silence of a traumatized child victim cannot be used against the prosecution. The ab...

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High Court of Karnataka Allows Withdrawal of Bail Petition in POCSO Case with Liberty to Approach Trial Court. Petitioner's counsel sought withdrawal after arguments, and court directed trial court to consider any fresh bail application expeditiously.

The petitioner, N. Narasimha Murthy, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No. 66...

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High Court of Karnataka Dismisses Bail Petition as Withdrawn in POCSO and Rape Case — Petitioner Withdrew After Court Expressed Opinion Against Grant of Bail. Court Permitted Withdrawal Without Adjudicating Merits Under Section 439 CrPC.

The petitioner, Sri Narayanappa, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 before the High Court of Karnatak...