Search Results for "presumption under section 113A Evidence Act"

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High Court of Gujarat at Ahmedabad Hears Criminal Appeal Against Conviction Under Sections 498A and 306 IPC. The Court Examines Whether Cruelty and Abetment of Suicide Were Proved Beyond Reasonable Doubt Given Absence of Mens Rea and Independent Corroboration.

The appeal arose from the conviction of the appellant under Sections 498A and 306 IPC by the Additional Sessions Judge, Valsad, for subjecting his wif...

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Bombay High Court Dismisses State Appeal Against Acquittal in POCSO Case — Acquittal Upheld as Prosecution Witnesses Turn Hostile and Evidence Lacks Credibility.

The State of Maharashtra appealed against the judgment and order dated 05.01.2019 passed by the Additional Sessions Judge-1, Gondia (Designated Court)...

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — No Evidence of Cruelty or Abetment of Suicide. Presumption under Section 113A of Indian Evidence Act, 1872 not applicable as suicide occurred beyond seven years of marriage.

The State of Maharashtra appealed against the acquittal of four respondents (husband, father-in-law, mother-in-law, and brother-in-law of the deceased...

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Bombay High Court Acquits Husband in Cruelty and Abetment of Suicide Case Due to Lack of Evidence of Dowry Demand or Instigation. Demand for Medical Treatment Expenses Not Dowry Under Section 498A IPC; No Proof of Abetment Under Section 306 IPC.

The appellant, Balaji Vithal Kinhale, was convicted by the trial court for offences under Sections 498A and 306 of the Indian Penal Code (IPC) for all...

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Bombay High Court Acquits Appellants in Dowry Death Case Due to Lack of Evidence of Dowry Demand. Conviction under Section 304B IPC Set Aside as Prosecution Failed to Establish Proximate Link Between Demand and Death Within Seven Years of Marriage.

The case pertains to the death of Surekha, who married accused Rajesh on 9.5.2001 and died of burn injuries on 17.6.2001. The prosecution alleged that...

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Bombay High Court Upholds Acquittal in Dowry Death Case Due to Lack of Evidence of Demand Soon Before Death. State fails to prove that deceased was subjected to cruelty or harassment in connection with dowry demand shortly before suicide.

The State of Maharashtra appealed against the judgment of the Assistant Sessions Judge, Nagpur, acquitting the respondents (accused) of offences under...

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High Court of Bombay Considers Appeal Against Rejection of Bail in Malegaon Bomb Blast Case. Accused Charged Under Unlawful Activities (Prevention) Act and Other Serious Offences Seeks Release Pending Trial.

The appeal arose from the rejection of a bail application by the Special Court under the Maharashtra Control of Organized Crime Act, 1999 and the Nati...

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Bombay High Court Acquits Appellants in Dowry Death Case Due to Lack of Evidence of Abetment to Suicide. Conviction under Sections 498A and 306 IPC set aside as prosecution failed to prove cruelty or instigation leading to suicide.

The appellants, Balasaheb Ganpati Jadhav, Ramesh Balasaheb Jadhav, Ratnabai Balasaheb Jadhav, and Surekha Balasaheb Jadhav, were convicted by the 2nd ...

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Bombay High Court Upholds Conviction Under Sections 498A and 306 IPC for Cruelty and Abetment of Suicide. Evidence of Continuous Harassment and Proximate Act of Abuse Led to Presumption Under Section 113A Evidence Act, Resulting in Conviction.

This criminal appeal arose from the judgment of the Additional Sessions Judge, Nanded, convicting the appellant-husband under Sections 498A and 306 of...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Abetment to Suicide. Conviction under Section 306 IPC set aside as prosecution failed to prove that the appellant instigated or provoked the deceased to commit suicide.

The appellant, Vithal Mhasuji Gadhe, was convicted by the IVth Additional Sessions Judge, Aurangabad, for offences under Sections 498-A, 306, and 323 ...