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Bombay High Court Upholds Conviction of Appellant for Rape of Mentally Ill 60-Year-Old Woman Under Section 376 IPC. Evidence of Incapacitated Victim and DNA Report Sufficient to Prove Guilt Beyond Reasonable Doubt.

The appellant, Ajmat Shaha @ Ajju Tayyab Shaha, was convicted by the Additional Sessions Judge, Akot, District Akola, for the offence punishable under...

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Karnataka High Court Dismisses State's Appeal, Upholds Freedom Fighter Pension to Widow Despite Delay. Court holds that beneficial legislation must be liberally construed and delay cannot defeat a widow's claim for pension under the Karnataka Freedom Fighters' Pension Rules, 2004.

The respondent, Smt. Fakirawwa alias Bhimawwa, is an 86-year-old widow whose husband, Fakirappa Sangoli, was a freedom fighter who participated in the...

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Supreme Court Allows State Appeal in Police Constable Dismissal Case — Reinstates Dismissal Despite Criminal Acquittal. Standard of Proof in Disciplinary Proceedings is Preponderance of Probabilities, Not Beyond Reasonable Doubt.

The appeal arises from a judgment of the Division Bench of the Rajasthan High Court which set aside the dismissal of the respondent, a police constabl...

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Supreme Court Cancels Anticipatory Bail in Dowry Death Case, Transfers Investigation to CBI. The Court held that the High Court's grant of bail was perverse and that the circumstances warranted an independent investigation by the CBI under Section 173(8) CrPC.

The case arises from the unnatural death of Dr. Deepti Mangla, who was married to Sumit Agarwal on 3 November 2014. On 7 August 2020, the appellant, D...

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High Court of Bombay Division Bench Hears Reference on Appealability of Interim Injunction Orders in Regular Civil Appeals. Reference Concerns Whether Order 43 Rule 1(r) CPC Covers Interim Injunctions Granted by First Appellate Courts Under Order 41 CPC.

This matter came before a Division Bench as a reference made by a learned Single Judge of the High Court who doubted the correctness of earlier single...

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High Court of Karnataka Adjudicates Criminal Revision Petitions Challenging Rejection of Default Bail and Cognizance in NDPS Case. Court’s Analysis Focuses on Maintainability Under Section 397 CrPC and Application of Precedents.

The judgment of the High Court of Karnataka arises from two criminal revision petitions filed by the accused No.3, challenging the orders of the Speci...

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Supreme Court Dismisses Appeal in Criminal Complaint Case for Lack of Jurisdiction Under Section 195 CrPC. Private Complaint Not Maintainable for Offences Under Sections 191-192 IPC Committed in Judicial Proceedings.

The case arises from two criminal complaints filed by M/s Bandekar Brothers Pvt. Ltd. and another against Prasad Vassudev Keni and others under Sectio...

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High Court of Karnataka Dismisses State Appeal Against Acquittal in POCSO and Rape Case — Prosecution Fails to Prove Guilt Beyond Reasonable Doubt. Acquittal of Accused for Offences Under Section 376 IPC and Sections 4 and 6 of POCSO Act Upheld Due to Inconsistent Testimony and Lack of Corroboration.

The State of Karnataka appealed against the acquittal of Mathru Sateri Gurav (respondent/accused) by the III Additional District and Sessions Special ...

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Bombay High Court Disposes Writ Petitions by Police Officers Challenging Investigation Order Under Section 156(3) CrPC. Court Considers Whether Judicial Magistrate First Class Could Direct Investigation Without Application of Mind.

The High Court of Judicature at Bombay heard two writ petitions filed by police officers challenging an order of the Judicial Magistrate First Class, ...