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Bombay High Court Grants Bail to Accused in POCSO and Rape Case Due to Inconsistent Testimony and Lack of Corroboration. The court held that where the prosecutrix's testimony is inconsistent and lacks corroboration, bail may be granted under Sections 376-D, 363, 506 IPC and Sections 3,4,8,12 POCSO Act.

The applicant, Pratik Vilas Shelar, filed a bail application under the POCSO Act and IPC for offences including gang rape, kidnapping, and criminal in...

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Bombay High Court Upholds Acquittal in Murder Case Based on Circumstantial Evidence — Chain of Circumstances Incomplete. Illicit Relationship Motive Insufficient to Sustain Conviction Under Section 302 IPC When Last Seen Evidence and Recovery of Weapon Are Unreliable.

The State of Maharashtra appealed against the acquittal of Rajendra Manohar Ghadigaonkar (respondent-accused) in Sessions Case No.16 of 2001 for the m...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Eyewitness and Lack of Corroboration. Conviction under Section 302 IPC set aside as sole eyewitness testimony was inconsistent and not supported by other evidence.

The appellant, Mohammad Umar Hafij, was convicted by the II Ad hoc Additional Sessions Judge, Thane, for the murder of Najmunnisa under Section 302 of...

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Bombay High Court Acquits Accused in Drugs and Cosmetics Act Case Due to Lack of Sanction and Improper Investigation. Conviction under MCOC Act set aside as procedural requirements under Section 23 of MCOC Act were not complied with.

The appellant, Siddhu @ Siddharth Ramesh Janmejay, was convicted by the Special Judge (MCOC Act), Thane, for offences under the Drugs & Cosmetics Act,...

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Bombay High Court Acquits Accused in Culpable Homicide Case Due to Lack of Evidence of Knowledge. Single Stick Blow Not Sufficient to Prove Knowledge of Likely Death Under Section 304 Part I IPC.

The appellant, Bandu @ Bandya Mahendra @ Rashid Pathan, was convicted by the Additional Sessions Judge, Nashik, in Sessions Case No.305 of 2014 for th...

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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act, 1985. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Search Illegal and Conviction Unsustainable.

The appellant, a Nigerian national, was convicted by the Special Judge in NDPS Case No. 116 of 2000 for an offence under Section 8(c) punishable under...

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Bombay High Court Acquits Parents-in-Law in Murder Case Due to Lack of Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove murder beyond reasonable doubt in absence of direct evidence and incomplete chain of circumstances.

The appellants, Sitaram Nana Sarvade and Rukmini Sitaram Sarvade, were convicted by the 1st Adhoc Additional Sessions Judge, Solapur, for the offence ...

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Bombay High Court Allows Transfer of DV Proceedings to Family Court for Joint Trial with Divorce Petition Under Section 24 CPC. Husband's Application Granted to Avoid Multiplicity of Proceedings and Conflicting Decisions in Matrimonial Disputes.

The Bombay High Court allowed an application under Section 24 of the Code of Civil Procedure, 1908, filed by the husband seeking transfer of DV procee...