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Bombay High Court Allows State Appeal Against Inadequate Sentence in Child Rape Case — Sentence Enhanced from 2 to 7 Years. Court held that two years RI for attempt to rape a 7-year-old child was grossly inadequate under Section 376 read with Section 511 IPC and Section 8(2) of Goa Children's Act, 2003.

The State of Goa appealed under Section 377 of the Code of Criminal Procedure, 1973 against the judgment and order dated 5th December 2008 passed by t...

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Bombay High Court Upholds Conviction for Rape of Minor Under Section 376(2)(f) IPC — Penetration Established by Medical Evidence. The court held that slight penetration is sufficient for rape and the medical evidence corroborated the victim's testimony.

The appellant, Mohammed Gaus Ibrahim Shaikh, was convicted by the Additional Sessions Judge, Greater Bombay, for the offence of rape under Section 376...

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Bombay High Court Allows Petition of Police Sub-Inspector Challenging Invalid Caste Certificate Cancellation. Committee's order quashed due to procedural irregularities and failure to consider pre-independence documents under Article 226 of Constitution of India.

The petitioner, Gopal S/o Hajarilal Yadav, a police Sub-Inspector appointed on 28/2/1983 against a post reserved for Scheduled Tribe, challenged the o...

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Bombay High Court Upholds Conviction of Appellants for Gang Rape, Criminal Trespass, and Criminal Intimidation — Prosecutrix's Testimony Found Credible and Corroborated by Medical and Circumstantial Evidence. Conviction under Sections 376(2)(g), 448, 506(II) read with Section 34 IPC confirmed.

The case arises from an incident during the intervening night of 27/08/1991 and 28/08/1991 at about 1:00 a.m., when the appellants Dinesh Tukaram Tela...

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Bombay High Court Allows Victim Compensation Appeals Under Section 357A CrPC — State Must Compensate Victims Even if Accused Acquitted or Untraced. The court held that victim compensation is a mandatory duty of the State, not dependent on conviction of the accused.

The judgment concerns four criminal appeals (Criminal Appeal Nos. 991, 992, 331, and 854 of 2011) heard together by the Bombay High Court. The appeals...

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Bombay High Court Allows Mother's Appeal in Workmen's Compensation Case, Holds Son's Employment with Father Covered Under Act. The court set aside the Commissioner's order and remanded the matter for fresh consideration on quantum of compensation under Section 3 of the Workmen's Compensation Act, 1923.

The appellant, Smt. Lata Ramchandra Ubale, mother of the deceased Lalit Ramchandra Ubale, filed an appeal against the order of the Commissioner for Wo...

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Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 376 and 506 IPC Set Aside as Prosecutrix's Testimony Found Unreliable and Medical Evidence Inconclusive.

The appellant, Digambar s/o Pandurang Kadu, was convicted by the Additional Sessions Judge, Ahmednagar, for offences under Sections 376 (rape) and 506...

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Bombay High Court Allows Second Wife's Petition Under Domestic Violence Act — Restores Protection and Maintenance Orders. Cohabitation in Shared Household for 4-5 Years Establishes Domestic Relationship Under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

The petitioner, Pratibha Andhare, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India challenging the judgment of t...