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Bombay High Court Upholds Conviction for Kidnapping and Rape of Minor Under POCSO Act — Age of Victim Determined by Ossification Test and School Records, Consent Irrelevant for Minor.

The appellant, Sujoy @ Sanjay Laltu Chakravarty, was convicted by the Special Judge, Gondia, in Special POCSO Case No. 11/2014 for offences under Sect...

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Bombay High Court Acquits Accused in Gang Rape Case Due to Unreliable Testimony and Lack of Corroboration. Conviction under Sections 376(2)(g), 323, 504, 506 IPC and Section 3(2)(v) of SC & ST Act Set Aside as Prosecutrix's Evidence Was Inconsistent and Medical Evidence Did Not Support Rape.

The case involves four appeals filed by Dastgir Gafur Shaha, Bhausaheb Madhukar Gore, Javed Gafur Shaha, and Arbaj @ Mosin Kadir Shaikh against their ...

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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.

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

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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 Upholds Conviction in Acid Attack and Sexual Assault Case. Trial Court's Findings Based on Credible Victim Testimony and Corroborating Evidence Under IPC and POCSO Act Upheld.

The High Court of Judicature at Bombay heard a criminal appeal filed by Jitendra Tanaji Sapkal against his conviction and sentence by the Sessions Cou...

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Bombay High Court Upholds Conviction of Accused Under Section 376/511 IPC for Attempt to Rape Minor, Enhances Sentence Due to Leniency. Conviction Rest Solely on Child Victim’s Credible Testimony and Corroborative Medical Evidence Showing Abrasion and Ruptured Hymen Without Penetration.

The case arose from an incident on 24.10.2009, in which a ten-year-old girl was sexually assaulted by her neighbour. The child had gone to the accused...

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Bombay High Court Upholds Conviction of Watchman for Rape of 8-Year-Old Student Under Sections 342 and 376(2)(f) IPC. Evidence of Child Victim and Medical Report Sufficient to Prove Guilt Beyond Reasonable Doubt.

The appellant, Raghuvir Dessai, was a watchman at a government school in Goa. On 6 August 2003, at about 1:30 PM, he wrongfully confined an 8-year-old...

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Bombay High Court Upholds Conviction of Army Officer in POCSO Case. Judicial Review under Article 226 Limited to Jurisdictional Error; No Re-appreciation of Evidence.

The petitioner, a retired Lieutenant Colonel in the Indian Army, was convicted by a General Court Martial (GCM) under Section 69 of the Army Act, 1950...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Testimony and Lack of Corroboration. Conviction under Sections 4, 6, and 8 of POCSO Act set aside as victim's evidence was unreliable and medical evidence did not support sexual assault.

The appellant, Ramchandra Thangappan Aachari, was convicted by the Special Judge, Greater Mumbai, under Sections 4, 6, and 8 of the Protection of Chil...

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Bombay High Court Acquits Accused in POCSO and Rape Case Due to Inconsistent Testimony of Prosecutrix and Lack of Corroboration. Conviction under Section 376(2)(i)(n) IPC and Section 4 POCSO Act set aside as evidence of victim was unreliable and medical evidence did not support prosecution case.

The appellant, Mr. Sayyad Chand Agasapure, was convicted by the Additional Sessions Judge, Solapur, for offences under Section 376(2)(i)(n) of the Ind...