Search Results for "section 376"

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

The appellant, Ku. Panchashila Uttam Thorat, was convicted by the II Adhoc Additional Sessions Judge, Washim in Sessions Trial No. 98/2004 for the mur...

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Bombay High Court Considers Maintainability of Commercial Appeals Against Interim Orders in Trademark Infringement Suits. Preliminary Objection Raised That Orders Impugned Do Not Fall Within Appealable Categories Under Section 13(1A) of Commercial Courts Act, 2015 as Amended.

These two commercial appeals were filed by the original defendants in intellectual property suits pending before the Bombay High Court. The suits, ins...

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Bombay High Court Quashes Rape FIR in Breach of Promise to Marry Case — No Offence of Rape Made Out as Sexual Intercourse Was Consensual Based on Promise of Marriage. Court holds that failure to marry due to incompatibility does not constitute rape under Section 375 IPC or cheating under Section 417 IPC.

The petitioners, including the main accused Bharat Devdan Salvi and his family members, filed a writ petition under Article 226 of the Constitution re...

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Bombay High Court Acquits Appellant in POCSO Case Due to Inconsistent Testimony and Lack of Corroboration. Conviction under Sections 4, 6, 8, 12 of POCSO Act and Section 376(2)(i) IPC set aside as victim's evidence was unreliable and medical evidence did not support sexual assault.

The appellant, Mahadeo @ Nana Gundiba Khandale, was convicted by the Additional Sessions Judge, Baramati in Special (POCSO) Case No.8/2015 for offence...

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Bombay High Court Acquits Accused in Gang Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376(2)(g) IPC set aside as prosecutrix's testimony was unreliable and medical evidence did not support the prosecution case.

The appellant, Amol Meshram, was convicted by the 7th Assistant Sessions Judge, Nagpur in Sessions Trial No.208/1998 for an offence punishable under S...

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Bombay High Court Quashes FIR in Rape Case Where Relationship Was Consensual and No False Promise of Marriage — Ingredients of Section 375 IPC Not Made Out. The Court held that a mere breach of promise does not constitute rape under Section 376 IPC if the promise was not false from the inception.

The petitioner, Mahendra Ladu Sawant, was an accused in FIR No.151/2018 lodged on 01/11/2018 under Section 376 IPC (rape) based on a complaint by resp...