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Supreme Court Allows Wife's Appeal in Maintenance Case: Decree for Restitution of Conjugal Rights Does Not Automatically Bar Maintenance Under Section 125(4) CrPC. Wife's Refusal to Return to Matrimonial Home Must Be Based on 'Reasonable Excuse' and Burden on Husband to Prove Wilful Neglect.

The appellant, Rina Kumari (wife), and respondent No. 1, Dinesh Kumar Mahto (husband), were married on 01.05.2014 and separated in August 2015. The hu...

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High Court of Bombay at Goa Allows Revision Application and Discharges Accused in Rape Case Due to Consensual Relationship and Absence of False Promise to Marry. Consent Based on Breach of Promise Not Rape Under Section 376 IPC When No Initial Intent to Deceive.

The case involves a criminal revision application filed by Clinton Fernandes challenging an order of the Sessions Judge, Goa, dated 25/08/2023, which ...

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Bombay High Court Allows Minor Rape Victim's Pregnancy Termination with DNA Preservation Directions. Court Permits Medical Termination of Pregnancy of 24-Week Gestation Under MTP Act, 1971, and Orders Preservation of Fetal Samples for Criminal Trial.

The petitioner, a minor girl aged 17 years 11 months and 21 days, filed a writ petition through her mother seeking directions for medical termination ...

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Supreme Court Quashes FIR Against In-Laws in Dowry Case Due to Lack of Specific Allegations. General and Omnibus Allegations Against Family Members Not Sufficient to Sustain Criminal Proceedings Under Section 498A IPC and Dowry Prohibition Act.

The present appeal arises from a judgment of the High Court of Madhya Pradesh, Bench at Gwalior, which dismissed a petition under Section 482 of the C...

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Bombay High Court Grants Pre-Arrest Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Evidence and Malafide Intent. Court held that the ingredients of Section 3(1)(r) of SC/ST Act were not made out as the alleged insult was not in public view and the relationship was consensual.

The judgment pertains to three criminal appeals filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Ac...

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Bombay High Court Quashes FIR in Promise to Marry Case Due to Lack of Evidence of False Promise from Inception. Court holds that breach of promise to marry without proof of initial fraudulent intent does not constitute rape under Section 375 IPC.

The applicant, Shyjeesh K. Thomas, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashment of ...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Cruelty Soon Before Death. Conviction under Sections 304-B, 498-A IPC and Dowry Prohibition Act set aside as prosecution failed to prove demand of dowry and cruelty proximate to death.

The case pertains to the death of Savita, wife of appellant Madhav Dhondiba Wadwale, who died due to burn injuries on 10.12.2003 within a year of her ...

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Bombay High Court Dismisses State Appeal Against Acquittal in POCSO Case — Prosecution Fails to Prove Sexual Assault Beyond Reasonable Doubt. Inconsistent Testimony and Lack of Corroboration Lead to Upholding of Acquittal Under Section 376 IPC and Section 4 POCSO Act.

The State of Maharashtra appealed against the acquittal of the respondent-accused (XYZ) for offences under Section 376 of the Indian Penal Code and Se...

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Bombay High Court Dismisses Appeal in POCSO Case — DNA Evidence Conclusive Despite Hostile Victim. Conviction Under Section 376(2)(i)(n) IPC and POCSO Act Upheld as DNA Report Proved Appellant as Biological Father of Aborted Fetus of Mentally Retarded Minor.

The appellant, Shaktiman Sondawale, was convicted by the Additional Sessions Judge, Nagpur, for offences under Section 376(2)(i)(n) IPC and Sections 5...

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Bombay High Court Acquits Accused in Rape Case Based on False Promise of Marriage — Consent Not Vitiated as Relationship Was Consensual and Prolonged. Prosecutrix's Testimony Lacks Credibility Due to Inconsistencies and Delay in FIR; Conviction Under Section 376(1) IPC Set Aside.

The appellant, Anwar Khan Iqbal Khan, was convicted by the Sessions Court for the offence of rape under Section 376(1) of the Indian Penal Code, 1860,...