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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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Supreme Court Upholds High Court Acquittal in Murder Case Due to Inconsistent Evidence and Hostile Witness. Material Contradictions Between Ocular and Medical Evidence Justify Benefit of Doubt Under Sections 147, 148, 149, 302 IPC.

The case arises from an incident on 22.08.1992 when the deceased, Singhara Singh, was driving a tractor with his son (PW1), wife, and maternal uncle (...

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High Court of Karnataka Quashes Criminal Proceedings in Cheating and Forgery Case Due to Civil Nature of Dispute and Lack of Prima Facie Case. Dispute over property transaction found to be civil, not criminal, leading to quashing of FIR under Section 482 CrPC.

The petitioners in both criminal petitions sought quashing of proceedings in C.C.No.4698/2014 pending before the I-ACMM, Bangalore, for offences under...

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Supreme Court Upholds Life Imprisonment for Murder Based on Eyewitness Testimony Despite Minor Contradictions. Common Intention Under Section 34 IPC Applied to Accused Who Caught Hold of Deceased, Facilitating Fatal Shot.

The case involves appeals by Balvir Singh, Bhav Singh, and Harnam Singh against the judgment of the Madhya Pradesh High Court affirming their convicti...

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Supreme Court Acquits Accused in Murder Case Due to Lack of Independent Witness Support and Inadequate Section 313 Examination. Reversal of Acquittal by High Court Set Aside as Trial Court's View Was Plausible and Not Perverse.

The incident occurred on 17 March 1997 at 7:00 a.m. when Keramat Ali Maral (the deceased) was having tea at Kalia Hotel. Six accused persons entered t...

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Bombay High Court Acquits Accused in Murder Case Due to Contradictory Dying Declarations and Lack of Corroboration. Conviction under Section 302 IPC set aside as two dying declarations were inconsistent and the second declaration recorded by a Magistrate was more reliable.

The appellant, Suresh Mohaniraj Thakur, was convicted by the trial court under Section 302 of the Indian Penal Code for the murder of his wife, Changu...

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Bombay High Court Acquits Convict in Rape Case Due to Inordinate Delay and Lack of Medical Evidence. Conviction Under Section 376 IPC Set Aside as Prosecution Failed to Prove Case Beyond Reasonable Doubt.

The appellant, Bhaulal S/o Dokraji Reswal, was convicted under Section 376 of the Indian Penal Code (IPC) by the II Additional Adhoc Sessions Judge, A...

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Bombay High Court Upholds Acquittal of Accused in Attempt to Murder Case Due to Inconsistent Evidence and Hostile Witnesses. Knife Attack Allegation Fails as Medical Evidence Shows Simple Injuries and Identification Remains Doubtful Under Sections 307, 326, 147, 148 of IPC.

The State of Maharashtra filed an appeal against the judgment and order of the 3rd Additional Sessions Judge, Jalgaon, in Sessions Case No. 227 of 199...