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Bombay High Court Upholds Conviction of Oncologist for Rash Act Causing Grievous Hurt in Cancer Surgery. Doctor's failure to examine patient before abandoning operation and causing prolonged hospitalization amounts to rash act under Section 338 read with Section 109 IPC.

The case involves a criminal revision application filed by Dr. P.B. Desai, the original accused no.1, challenging his conviction under Section 338 rea...

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Bombay High Court Grants Leave to Appeal Against Acquittal in Rape Case — Trial Court Erred in Requiring Corroboration of Victim's Testimony. Corroboration is not sine qua non for accepting evidence of victim in sexual offences; trial court's approach was perverse.

The State of Maharashtra filed an application under Section 378(3) of the Code of Criminal Procedure seeking leave to appeal against the judgment and ...

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Bombay High Court Upholds Acquittal of Accused in Police Obstruction Case Due to Lack of Evidence of Criminal Force or Threat. State fails to prove that accused women assaulted or threatened police constable during court-ordered crop harvesting under Sections 353 and 506 IPC.

The State of Maharashtra appealed against the judgment and order dated 11th December 1996 passed by the learned Judicial Magistrate First Class, Sawan...

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High Court Acquits Accused in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

The appellant, Ashwin Chintaman Shambharkar, was convicted by the Special Judge, Nagpur in Special Case No. 18 of 1997 for offences under Section 7 an...

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Bombay High Court Upholds Conviction for Murder Based on Dying Declaration. Dying declaration recorded by police officer held admissible under Section 32(1) of Indian Evidence Act, 1872 as deceased was in a fit state of mind.

The appellant, Vasant Ramchandra Gaikwad, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of John Lazoras and sentenced ...

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Bombay High Court Dismisses Subcontractor's Petition to Restrain Invocation of Performance Bank Guarantee Under Section 9 of Arbitration Act. Bank Guarantee Held to Be an Independent Contract Between Bank and Beneficiary, Not Subject to Injunction Absent Fraud or Irreparable Injustice.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., a subcontractor, filed a petition under Section 9 of the Arbitration and Conciliation Ac...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony of Related Witness and Lack of Corroboration. Conviction under Section 302 IPC set aside as sole eye-witness was a close relative with material contradictions and no independent corroboration.

The appellant, Shivaji Vithal Godse, was convicted under Section 302 of the Indian Penal Code for the murder of Kalyan Dagadu Mavalkar and sentenced t...

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Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Vilas Sahebrao Gilbile, was convicted by the Additional Sessions Judge, Osmanabad in Sessions Case No. 47/2010 for offences under Secti...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declaration and Lack of Medical Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove homicidal death beyond reasonable doubt.

The appellants, Anand @ Bhausaheb Yuvraj Patil (accused No.1) and Smt. Lilabai Yuvraj Patil (accused No.2), were convicted by the Ad-hoc Sessions Judg...