Search Results for "culpable mental state"

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Compounding of Offences – Definition of First Offence – Discretion of Tax Authorities.

Income Tax Act, 1961 – Section 276CC – Compounding of Offences – Discretionary Relief – Interpretation of Guidelines – Supreme Court’s Rev...

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High Court of Karnataka Quashes Criminal Proceedings Against Assessee for Delay in Filing Income Tax Return Due to Lack of Mens Rea and Departmental Delay. Section 276CC of Income Tax Act, 1961 requires wilful failure to furnish return; mere delay without culpable mental state does not constitute offence.

The petitioner, Rajkumar Agarwal, proprietor of Sainath Stone Crusher, filed four criminal petitions under Section 482 of the Code of Criminal Procedu...

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Bombay High Court Upholds Conviction of Accused for Murder and Hurt in Family Feud Case. Appellant convicted under Sections 302 and 324 IPC for fatal stabbing of cousin and causing hurt to another, based on credible eyewitness testimony and medical evidence.

The appellant, Amol Subhash Gaikwad, along with his parents (accused No.1 and 3), was prosecuted in Sessions Case No.5/2016 before the learned Distric...

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High Court of Karnataka Acquits Accused in Murder Case Due to Unreliable Dying Declaration and Lack of Circumstantial Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The case pertains to an appeal filed by Thippeswamy @ Thippeshi, Nagendrappa @ Nagaraja, and Jayamma (appellants/accused Nos. 1 to 3) against the judg...

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Supreme Court Confirms Death Sentence for Rape and Murder of 7½-Year-Old Mentally Challenged Girl. Circumstantial Evidence Including Last Seen, Recovery, and Medical Reports Established Guilt Beyond Doubt; Aggravating Factors Outweighed Mitigating Factors.

The Supreme Court dismissed the appeals of Manoj Pratap Singh, upholding his conviction and death sentence for the kidnapping, rape, and murder of a 7...

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High Court of Karnataka Evaluates State Appeal Against Acquittal of 17 Accused in Murder and Conspiracy Case. Trial Court Acquitted Accused of Charges Under Sections 143, 147, 148, 323, 324, 302, 201, 114 r/w 149 IPC Citing Insufficient Evidence.

The case arose from the alleged murder of Madhusudan Reddy on 27.05.2010 in Chitradurga. The prosecution claimed that due to previous enmity, 17 accus...

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Bombay High Court Upholds Acquittal in Cruelty and Abetment of Suicide Case — Prosecution Fails to Prove Demand for Dowry or Harassment Leading to Suicide. Evidence of Mental Illness and Lack of Proximate Cause for Suicide Leads to Confirmation of Acquittal Under Sections 498A and 306 IPC.

The State of Maharashtra appealed against the acquittal of Suresh Dada Aher for offences under Sections 498A and 306 IPC. The prosecution alleged that...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations. Conviction under Section 302 IPC for setting wife on fire set aside as dying declarations were contradictory and not corroborated by medical evidence.

The appellant, Vinod Jaysing Kashid, was convicted by the Sessions Judge, Satara, for the murder of his wife, Chaya Kashid, under Section 302 of the I...

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High Court of Karnataka Acquits Accused in POCSO and Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376 IPC and Section 4 of POCSO Act, 2012 set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, G S Venkatesh, was convicted by the I Additional District and Sessions Judge, Chikkaballapur, in Special S.C. No.12/2016 for offences p...

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Supreme Court Upholds Rights of Trafficking Victims, Issues Guidelines for Rescue and Rehabilitation. Court Holds That State Must Take Reasonable Measures to Safeguard Right to Rehabilitation Under Article 21.

This Miscellaneous Application arose from a prior disposed Public Interest Litigation regarding human trafficking. The petitioner sought enforcement o...