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Bombay High Court Dismisses State Appeal Against Acquittal in Murder and Robbery Case Due to Unreliable Circumstantial Evidence. Chain of Circumstances Not Complete to Prove Guilt Beyond Reasonable Doubt Under Sections 302 and 392 read with Section 34 of IPC.

The State of Maharashtra appealed against the judgment of the 2nd Additional Sessions Judge, Sawantwadi dated 24 January 1997 acquitting the responden...

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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Criminal Intent. Complaint under Section 338 IPC fails as essential ingredients of grievous hurt by rash or negligent act not established without expert evidence.

The petitioner, a practicing ophthalmologist, challenged the judgment of the Additional Sessions Judge, Pune, which upheld the Magistrate's order issu...

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Bombay High Court Upholds Dismissal of Teacher Convicted for Abetment of Suicide — Conviction for Offence Involving Moral Turpitude Justifies Dismissal Under Rule 9(1) of Maharashtra Zilla Parishads District Services (Discipline and Appeal) Rules, 1964

The petitioner, Sau. Sandhya w/o Anil Deshmukh, was an Assistant Teacher employed with Panchayat Samiti, Chandur Railway, under the Zilla Parishad, Am...

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Bombay High Court Upholds Conviction of Accused in Maharashtra Prohibition Act Case — Failure to Put CA Report Under Section 313 CrPC Not Fatal. Possession of 48 Bottles of Illicit Liquor Proved Through Recovery and Panch Witnesses, Conviction Under Section 65(e) of Maharashtra Prohibition Act Confirmed.

The applicant, Sau. Shobha Baburo Shende, was convicted by the Judicial Magistrate First Class, Nagbhid, under Section 65(e) of the Maharashtra Prohib...

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Bombay High Court Quashes FIR Against Directors in VAT Evasion Case — IPC Offences Not Invokable When Special Statute Exists. FIR under IPC and MVAT Act quashed as investigation under MVAT Act must be by VAT authorities, not police, and IPC cannot be invoked for acts covered by special statute.

The petitioners, directors of G.S. Oils Ltd., challenged FIR No. 139/2012 registered at Police Station Wani for offences under Sections 406, 409, 420,...

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Bombay High Court Acquits Accused in Section 411 IPC Case Due to Lack of Evidence of Knowledge of Stolen Property. Conviction for Dishonest Receipt of Stolen Property Set Aside as Prosecution Failed to Prove Mens Rea Under Section 411 IPC.

The applicant, Rajesh Ganeshmal Oswal, was accused no.4 in Regular Criminal Case No.110 of 2008 before the Judicial Magistrate, First Class, Railway C...

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Bombay High Court Acquits Accused in Electricity Theft Case Due to Lack of Evidence of Theft and Procedural Irregularities. Theft of Energy Allegation Fails as Prosecution Did Not Prove Dishonest Abstraction of Energy Beyond Reasonable Doubt Under Section 135 of the Electricity Act, 2003.

The appellant, Ramesh s/o Balwant Patil, was convicted by the Adhoc Additional Sessions Judge, Dhule, in Special Case No. 14 of 2005 for theft of elec...