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Supreme Court Quashes Bail Order in Murder Conviction Appeal Due to Lack of Exceptional Circumstances. High Court Erred in Granting Suspension of Sentence Under Section 389 CrPC Without Considering Serious Nature of Offence Under Section 302 IPC and Trial Court Findings.

The dispute arose from a criminal appeal filed by the informant, challenging the High Court's order that suspended the life sentence and granted bail ...

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Supreme Court Allows Appeals Against High Court Order Quashing Proceedings in Murder Conspiracy Case — Prima Facie Case of Fabricated Alibi Established. Police Officers Allegedly Created Bogus Excise Case to Shield Murder Accused, High Court Erred in Quashing Under Section 482 CrPC.

The Supreme Court allowed the appeals filed by the appellant, Om Prakash Yadav, against the judgment of the Allahabad High Court which had quashed cri...

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Supreme Court Modifies Sentence in Father-Daughter Rape Case: POCSO Act Overrides IPC for Offence but Greater Punishment Applies Under Section 42. The Court held that Section 42 of POCSO Act mandates application of law providing greater punishment, and High Court cannot enhance sentence without appeal.

The appellant, Gyanendra Singh @ Raja Singh, was convicted by the trial court for offences under Sections 376(2)(f) and 376(2)(i) of the Indian Penal ...

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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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Bombay High Court Acquits Accused in Child Molestation Case Due to Inconsistent Testimony and Lack of Corroboration. Conviction under Sections 354 and 448 IPC Set Aside as Prosecutrix's Evidence Contradicted by Mother's Testimony and Medical Report.

The appellant, Devanand Govinda Gayakwad, was convicted by the trial court for offences under Sections 354 and 448 of the Indian Penal Code (IPC) for ...

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Bombay High Court Dismisses State's Revision in Public Servant Prosecution for Lack of Sanction Under Section 197 CrPC. Alleged Sexual Harassment by Police Officer in Course of Official Duty Requires Sanction; Proceedings Stopped Under Section 258 CrPC.

The State of Maharashtra filed a criminal application under Section 482 CrPC challenging the judgment and order of the Additional Sessions Judge, Akol...

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High Court of Bombay at Goa Quashes Charges Under SC/ST Act for Lack of Public View Element in Caste-Based Insult Allegation. Offence under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 requires insult to be in public view, which was absent as incident occurred inside a house.

This judgment arises from a criminal revision application filed by three applicants (original accused) challenging an order dated 07/09/2015 passed by...

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Bombay High Court Quashes Externment Order for Non-Compliance with Section 59 of Bombay Police Act, 1951 — Failure to Supply Documents and Provide Sufficient Time for Representation Violates Natural Justice.

The petitioner, Mahavir Saremal Jain, filed a criminal writ petition under Article 226 of the Constitution of India before the Bombay High Court chall...