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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

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Karnataka High Court Allows Revision Petition, Discharges Accused in Rape Case Due to Lack of Prima Facie Evidence of Sexual Assault. Promise to Marry Not Proven as False from Inception Under Sections 376 and 417 IPC.

The petitioner, Sri George, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (Cr.P.C...

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Bombay High Court Quashes FIR in Matrimonial Dispute Due to Compromise Between Spouses — Settlement Reached Before Charge Sheet, Court Finds No Public Interest in Continuing Prosecution Under Section 482 Cr.P.C.

The applicants, who are the husband and his relatives, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before...

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Bombay High Court Upholds Acquittal in Dowry Death Case Due to Lack of Evidence of Cruelty and Dowry Demand. State's appeal fails as prosecution could not establish that deceased was subjected to cruelty or harassment for dowry soon before her death under Section 304-B IPC.

The State of Maharashtra appealed against the acquittal of five accused persons (respondents) by the Additional Sessions Judge, Udgir, in Sessions Cas...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Unreliable Dying Declaration. Dying Declaration Not Recorded in Proper Form and Lack of Evidence of Abetment to Suicide Leads to Acquittal Under Sections 498A and 306 IPC.

The appellant, Santosh alias Santaram Rahane, was convicted by the 2nd Additional Sessions Judge, Aurangabad, in Sessions Case No. 441 of 1999 for off...

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Bombay High Court Acquits Husband and Mother-in-law in Dowry Death Case Due to Lack of Evidence of Cruelty and Absence of Proximate Cause. Conviction under Section 302 IPC set aside as death by burns was not proved to be homicidal and no nexus between alleged harassment and death established.

The appellants, Shaikh Juned Shaikh Moti Mansuri (husband) and Julekha Begum (mother-in-law), were convicted by the Additional Sessions Judge, Auranga...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Direct Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Rangnath Bhagwanta Pawar, was convicted by the learned Ad-hoc Additional Sessions Judge-I, Jalgaon, in Sessions Case No.55 of 2007 for ...