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High Court of Bombay at Goa Acquits Accused in POCSO Case Due to Unproven Age of Victim. Birth Certificate with overwriting and lack of ossification test render age of victim unproven, vitiating conviction under Sections 376(2)(i),(n) IPC, Goa Children's Act, and POCSO Act.

The appellant, Santosh Gore, was convicted by the Children's Court for the State of Goa in Special Case No.36/2017 for offences under Section 376(2)(i...

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High Court of Bombay at Goa Acquits Appellant in Rash Driving Case Due to Lack of Evidence of Rashness or Negligence. Conviction under Sections 279, 304-A IPC and Motor Vehicles Act set aside as prosecution failed to prove that the accused drove in a rash or negligent manner causing death.

The appellant, Sagar Lolienkar, was convicted by the Additional Sessions Judge, South Goa, Margao, for offences under Sections 279 (rash driving) and ...

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High Court of Karnataka Quashes FIR in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Dispute over hotel sale agreement held to be purely contractual, not warranting criminal prosecution under Sections 419, 420, 465, 467, 468, 471 read with 34 of IPC.

The judgment pertains to two connected criminal petitions filed by the accused persons (petitioners) seeking quashing of a complaint and FIR registere...

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Bombay High Court Allows Writ Petition Challenging Nomination Acceptance in Cooperative Society Elections. Managing Committee Supersession Under Section 78(1) of MCS Act Disqualifies Members from Contesting.

The petitioner, Sunil Pundlikrao Bhise, filed a writ petition before the Bombay High Court, Nagpur Bench, challenging the acceptance of nomination pap...

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Bombay High Court Quashes Criminal Proceedings for Possession of Gutka for Sale Under Section 273 IPC — Gutka Not an Article of Food. Possession of Gutka for sale does not constitute an offence under Section 273 IPC as Gutka is not an article of food under the Prevention of Food Adulteration Act, 1954.

The case involves two criminal writ petitions filed by the petitioners, who were accused of possessing Gutka for sale, which was alleged to be an offe...

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Bombay High Court Quashes Disqualification of Sarpanch for Violation of Natural Justice. Order Passed Without Notice or Hearing Under Section 7 of Bombay Village Panchayat Act, 1958 Set Aside.

The petitioner, Nanasaheb s/o Dhondiram Mundhe, was the Sarpanch of village Khandali, Taluka Gangakhed, District Parbhani. He challenged an order date...

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Bombay High Court Dismisses State Appeal in Swimming Pool Drowning Case — Acquittal Upheld for Lack of Proof of Rash or Negligent Act. Section 304A IPC requires direct causal link between a positive act of rashness or negligence and death; mere omission or lack of supervision not sufficient.

The State of Maharashtra appealed against the judgment and order dated 30.01.2009 passed by the Judicial Magistrate, First Class (Court No.8), Akola i...

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Bombay High Court Acquits Teacher in Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 376 and 506 IPC Set Aside as Prosecutrix's Testimony Found Unreliable and Medical Evidence Did Not Support Allegations.

The appellant, Sanjay s/o Shriram Gondchar, was convicted by the Additional Sessions Judge, Achalpur, in Sessions Case No.119/2006 for offences under ...

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Bombay High Court Upholds Acquittal of Husband in Dowry Harassment and Abetment to Suicide Case — Lack of Evidence of Cruelty or Abetment. Allegations of harassment not proven beyond reasonable doubt; deceased's suicide not directly linked to accused's conduct under Sections 498A and 306 IPC.

The State of Maharashtra appealed against the acquittal of the respondent-accused Subhash Laxmanrao Chikare by the Adhoc Additional Sessions Judge 2, ...

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Bombay High Court Acquits Appellant in Murder Case Due to Unreliable Testimony and Lack of Corroboration — Conviction under Section 302 IPC Set Aside as Eye-Witnesses Were Inconsistent and Motive Not Proven.

The appellant, Akalesh Kumar @ Mithun Sharad Mishra, was convicted by the Sessions Court for Greater Bombay in Sessions Case No.417 of 1996 with Sessi...