Search Results for "Section 328 IPC"

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Bombay High Court Acquits Accused in POCSO and Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376 IPC and Section 4 read with Section 3 of POCSO Act set aside as prosecutrix's testimony was unreliable and medical evidence did not support rape.

The case involves three appellants: Ganesh @ Gorakh Tatyarao Jadhav (original accused No. 1), Muskan w/o Shaikh Rashid @ Rafiq (original accused No. 2...

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Bombay High Court Upholds Conviction of Three Accused in Dacoity with Murder Case — Life Imprisonment Confirmed for Dacoity Under Section 396 IPC. Conviction Based on Circumstantial Evidence and Recovery of Stolen Property Under Section 412 IPC.

The case involves four criminal appeals filed under Section 374 of the Criminal Procedure Code against a common judgment and order of conviction and s...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony of Interested Witnesses and Lack of Corroboration. Conviction under Sections 302, 201 read with Section 34 IPC set aside as sole eyewitness was a close relative with material contradictions and no independent corroboration.

The case arises from two criminal appeals filed by three accused persons convicted under Sections 302 and 201 read with Section 34 of the Indian Penal...

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Supreme Court Quashes POCSO Proceedings Against Husband and In-Laws in Matrimonial Dispute — Allegations Found to be Exaggerated and Vindictive. Court Held That Continuing Criminal Proceedings Would Amount to Abuse of Process of Law Under Section 528 BNSS.

The present criminal appeal arose from an order of the Allahabad High Court refusing to quash criminal proceedings against the appellants, who are the...

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Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

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High Court of Karnataka Allows Accused to Adduce Defence Evidence in POCSO Case — Rejection of Plea by Trial Court Set Aside. Right to Fair Trial Under Section 482 CrPC Includes Opportunity to Present Defence Witnesses Even After Prosecution Evidence Closed.

The petitioner, Sri Periyaswamy M., filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court o...

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Supreme Court Acquits Accused in Murder Case Due to Lack of Independent Witness Support and Inadequate Section 313 Examination. Reversal of Acquittal by High Court Set Aside as Trial Court's View Was Plausible and Not Perverse.

The incident occurred on 17 March 1997 at 7:00 a.m. when Keramat Ali Maral (the deceased) was having tea at Kalia Hotel. Six accused persons entered t...