Search Results for "Section 363"

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Search Results for "Section 363"

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High Court

High Court of Karnataka Allows Appeal by Complainant in POCSO Case — Acquittal of Accused Set Aside for Non-Examination of Material Witness. Failure to examine the victim's mother, who was the first informant and material witness, vitiates the trial and renders the acquittal unsustainable under Section 372 Cr.P.C.

27 Mar 2025

The appellant, Smt. Rajavva, the mother of the victim and the complainant, filed a criminal appeal under Section 372 of the Code of Criminal Procedure...

High Court

High Court of Karnataka Allows Appeal by Complainant Mother in POCSO Case — Acquittal of Accused Set Aside for Non-Examination of Material Witness. Trial Court's Failure to Summon the Victim's Father, a Key Witness, Rendered the Acquittal Unsustainable Under Section 372 CrPC.

27 Mar 2025

The appellant, Smt. Rajavva, the mother of the victim, filed a criminal appeal under Section 372 of the Code of Criminal Procedure, 1973, challenging ...

High Court

Bombay High Court Quashes FIR Against Father for Kidnapping His Own Minor Child — Father as Natural Guardian Cannot Be Guilty of Kidnapping Under Section 363 IPC. The Court held that a father taking his own minor child from the mother's custody does not constitute kidnapping under Section 361 IPC as the father is a lawful guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956.

6 Oct 2023

The Bombay High Court at Nagpur quashed an FIR registered against a father for allegedly kidnapping his own minor son aged 3 years from the custody of...

High Court

Bombay High Court Commutes Death Sentence to Life Imprisonment in POCSO Case — Rape and Murder of Minor Not Proven as 'Rarest of Rare' Due to Lack of Intent and Circumstantial Evidence Gaps. The court held that the case did not satisfy the 'rarest of rare' test under Section 302 IPC, as there was no premeditation or intention to kill, and the accused was a young offender.

8 Feb 2022

The case pertains to the tragic death of a minor child, Miss 'X', whose decomposed body was found on 4th April 2018 in thorny bushes used for defecati...

High Court

Bombay High Court Acquits Appellant in Kidnapping Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Sections 363 and 365 IPC set aside as sole identification by witnesses was doubtful and no independent corroboration of recovery of child.

4 Nov 2020

The appellant, Aditya Sham Chaturvedi, was convicted by the Additional Sessions Judge, Pune, under Sections 363 and 365 read with Section 34 of the In...

High Court

Bombay High Court Acquits Appellants in Rape and Kidnapping Case Due to Unproven Age and Unreliable Testimony. Conviction under Sections 376, 363, 366 IPC Set Aside as Prosecution Failed to Establish Victim's Minority and Credible Evidence.

2 Jul 2019

The case involves an appeal by Subhash Bharsakle and his mother Leelabai against their conviction by the Additional Sessions Judge, Akot, in Sessions ...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Continued Administration of Co-operative Bank Beyond Statutory Period. Registrar Directed to Constitute New Board of Directors Within Six Weeks Under Section 67A(2) of Goa Co-operative Societies Act, 2001.

2 May 2019

The petitioners, Shree Gopalkrishn Multipurpose Co-operative Society Ltd. and Mr. Prabhanjan Kinjwadekar, filed a writ petition under Articles 14 and ...

High Court

Bombay High Court Acquits Accused in Kidnapping and Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 363, 366, 376 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

21 Mar 2014

The appellant, Raju S/o Bhimrao Girnare, was convicted by the learned Adhoc Additional Sessions Judge, Buldana, for offences punishable under Sections...

High Court

Bombay High Court Acquits Accused in Rape and Kidnapping Case Due to Unreliable Prosecutrix Testimony and Lack of Medical Corroboration. Conviction under Sections 376(1), 363, 392, 323, 506, 363 read with 511, and 292 IPC set aside as evidence was inconsistent and did not prove guilt beyond reasonable doubt.

5 Mar 2010

The appellant, Shivaji Sahebrao Patole, was convicted by the trial court for offences under Sections 376(1), 363, 392, 323, 506, 363 read with 511, an...

High Court

Bombay High Court Allows Compounding of Kidnapping Offence Under Section 363 IPC After Compromise Between Accused and Victim. Court Permits Compounding of Non-Compoundable Offence in the Interest of Justice and to Promote Settlement Between Parties.

23 Feb 2005

The appellant, Chandrakant @ Ramchandra Raghunath Karke, was convicted by the Additional Sessions Judge, Pune in Sessions Case No. 359 of 1993 for the...

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