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High Court of Karnataka Enhances Sentence in POCSO Case — State Appeal Against Inadequate Sentence Allowed. Court holds that Section 5(1) of POCSO Act mandates minimum sentence of ten years and trial court's imposition of less than ten years is illegal.

The State of Karnataka filed an appeal under Section 377(1)(b) of the Code of Criminal Procedure, 1973, challenging the inadequacy of the sentence imp...

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Supreme Court Sets Aside Enhancement of Sentence in POCSO Case Due to Procedural Violation — High Court's Suo Motu Enhancement Without Notice Held Illegal. Enhancement of Sentence from 7 to 10 Years in Accused's Own Appeal Violates Section 386 Proviso CrPC and Principles of Natural Justice.

The appellant, Kumar Ghimirey, was convicted by the Special Judge (POCSO Act, 2012) under Section 9/10 of the Protection of Children from Sexual Offen...

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High Court of Karnataka Enhances Sentence in State Appeal Against Inadequacy of Sentence Under Section 377 CrPC. Court holds that sentence of imprisonment already undergone for offence under Section 304 Part II IPC is inadequate and enhances to 5 years rigorous imprisonment.

The State of Karnataka filed an appeal under Section 377 of the Code of Criminal Procedure, 1973 (CrPC) against the judgment dated 18.02.2010 passed b...

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Bombay High Court Dismisses State's Appeal Against Probation Order in POCSO Case as Not Maintainable. Appeal under Section 377 CrPC for inadequacy of sentence is not maintainable when no sentence has been awarded; proper remedy lies under Section 11 of Probation of Offenders Act.

The State of Maharashtra appealed against an order of the trial court which convicted the respondent under the Protection of Children from Sexual Offe...

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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 Confirms Death Sentence in Kidnapping, Rape, and Murder of Minor Girl - Accused's Appeal Dismissed. Circumstantial evidence including last seen theory and medical evidence held sufficient to sustain conviction under Sections 364, 366, 376, 377, 302, 201 IPC.

The case pertains to the kidnapping, rape, and murder of an 11-year-old girl named Bhagyashree on 10.11.2004. The accused, Arjun Laxman Jogadiya alias...