Search Results for "substantive offence"

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Search Results for "substantive offence"

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Supreme Court

Supreme Court Acquits Accused in Robbery Case Due to Inconsistent Evidence and Non-Applicability of Section 397 IPC. The Court held that Section 397 of the Indian Penal Code, 1860, applies only to the offender who uses a deadly weapon, and the benefit of acquittal of a co-accused extends to other accused when allegations are indivisible, leading to acquittal based on unreliable identification and suspicious FIR.

29 Oct 2021

The Supreme Court of India heard criminal appeals filed by two appellants, Ganesan and Shanmugam, challenging their conviction under Section 397 of th...

Supreme Court

Supreme Court Dismisses State Appeal in Gujarat Control of Terrorism and Organised Crime Act Case — Continuing Unlawful Activity Requires Post-Promulgation Offence. The Court held that the prosecution must prove that the accused committed an organised crime after the Act came into force, and mere prior charge-sheets are insufficient to invoke the Act.

15 Dec 2022

The State of Gujarat appealed against the High Court's order granting bail to the respondent-accused, Sandip Omprakash Gupta, who was charged under Se...

High Court

High Court of Bombay at Goa Allows Appeal of Accused Convicted Under Section 302 IPC Due to Insufficient Circumstantial Evidence. Conviction Set Aside as Motive, Last Seen, Recovery Evidence and Dog Tracking Held Unreliable, Failing to Establish Complete Chain of Circumstances Pointing to Guilt.

7 Aug 2006

This appeal arose from the conviction of the accused, a 24-year-old villager, under Section 302 of the Indian Penal Code, 1860 by the Additional Sessi...

High Court

Bombay High Court Modifies Conviction from Section 376(2)(f) to Section 376(1) IPC in Rape of Minor Case — Sentence Reduced to Period Already Served. Victim's Age Above 12 Years Makes Section 376(2)(f) Inapplicable, Minimum Sentence Provision Not Attracted.

10 Dec 2015

The appellant, Shahanawaj Shamsuddin Bhadgaonkar, was convicted by the Adhoc District Judge-2 and Additional Sessions Judge, Kalyan, in Sessions Case ...

High Court

Bombay High Court Holds It Has Power to Accept Consent Terms and Compound Offence Under Section 138 NI Act in Revision Proceedings. The Court clarifies that Section 397 CrPC read with Section 401 CrPC empowers the High Court to record compromise and acquit accused even in revision, subject to satisfaction of complainant.

20 Dec 2024

The Bombay High Court was hearing a group of criminal revision applications and connected matters, all arising from proceedings under Section 138 of t...

Supreme Court

Supreme Court Dismisses Appeals Against Criminal Complaint for Conspiracy to Illegally Acquire Foreign Exchange. Majority Held that Section 21(1) of the Foreign Exchange Regulation Act, 1947 Does Not Exclude Applicability of Section 120-B of the Indian Penal Code for Continuing Conspiracy.

14 Oct 1969

The Rayala Corporation (P) Ltd. manufactured Halda typewriters in India using materials imported from Sweden. Appellant no.1, Lennart Schussler, a Swe...

High Court

Bombay High Court Confirms Death Sentence of Repeat Offender in NDPS Act Case. Accused Found with 188 kg Hashish and Previously Convicted; Enhanced Punishment Under Section 31-A of NDPS Act Imposed for Possession of Commercial Quantity.

7 May 2012

The case arose from a letter dated 13-01-2002 sent by the Zonal Director, NCB, Ahmedabad to the Zonal Director, NCB, Mumbai, informing about the inter...

High Court

Bombay High Court Acquits Accused in MCOCA Case Due to Lack of Evidence of Organised Crime Syndicate Membership. Conviction under Section 307 IPC and Arms Act Set Aside as Prosecution Failed to Prove Conspiracy and Unlawful Activity.

5 Sep 2006

The case involves an appeal by accused No.2 (Mohamad Iqbal Farooq Sheikh) and accused No.3 (Salim Aziz Shah) against their conviction by the Special J...

High Court

Bombay High Court Upholds Conviction in NDPS Case for Possession of 92 Grams Heroin — Non-Commercial Quantity Sentenced to Two Years RI. Compliance with Section 50 of NDPS Act and Procedural Safeguards Found Adequate.

24 Aug 2015

The appellant, Samsun Donald Dokubo, was convicted by the Special Judge under the NDPS Act for possession of 92 grams of heroin, a non-commercial quan...

High Court

Bombay High Court Upholds Conviction for Outraging Modesty and Assault in Revision Against Acquittal of Other Charges. Minor inconsistencies in victim's testimony do not discredit her credible evidence under Section 354 IPC.

20 Mar 2017

The case arises from a criminal revision application filed by Rajesh Swarupchand Kankaria and others (original accused nos.1 to 3) challenging their c...

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