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Bombay High Court Allows Petition of Peon Penalized for Turning Hostile in Criminal Trial, Holds That Hostility in Court Cannot Be Ground for Disciplinary Action. Witnesses Are Not Bound to Adhere to Previous Statements, and Penalty of Reduction to Minimum Pay Scale Permanently Set Aside.

The petitioner, Abdul Rauf Mohammed Khaja, was employed as a Peon (Watchman) in the Collector Office, Nanded. Disciplinary proceedings were initiated ...

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Bombay High Court Acquits Indonesian National in NDPS Case Due to Non-Compliance with Mandatory Sampling and Search Procedures. Conviction for possession of 3.930 kg Methamphetamine set aside as prosecution failed to follow Section 52-A NDPS Act sampling requirements and Section 50 search safeguards.

The appellant, an Indonesian national, was convicted by the Special Judge under the NDPS Act for possession of 3.930 kg of Methamphetamine and sentenc...

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Bombay High Court Acquits Accused in POCSO Case Due to Hostile Witnesses and Lack of Evidence. Conviction under Section 354-A IPC, Section 363/511 IPC, and Section 8 POCSO Act Set Aside as Prosecution Fails to Prove Case Beyond Reasonable Doubt.

The case arises from an incident on 26 January 2016, when the informant, a 16-year-old girl, along with her cousin sister, was walking to school for R...

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Bombay High Court Quashes FIR in Promise-to-Marry Rape Case — Lack of Evidence of False Promise. Consent Based on Promise to Marry Not Vitiated When Promise Was Not False from Inception Under Section 376 IPC.

The applicant, Rajesh Sankarsan Tripathy, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of FIR No....

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Bombay High Court Partly Allows Appeal by Owner of Uninsured Truck in Motor Accident Claim. Compensation Enhanced from Rs.82,200 to Rs.1,50,000 for Death of Pillion Rider Due to Rash Driving Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 22/2/1995 where Nirmala, a 57-year-old woman, died as a pillion rider on a moped after being hit by a truck. ...

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High Court of Bombay at Goa Dismisses Petition Seeking CBI Investigation in Cheating Cases — No Bias or Mala Fides Established Against Investigating Agency. Police Investigation Under Section 173(8) CrPC Can Continue Even After Charge-Sheet, and Victims Have Alternative Remedies Before Magistrate.

The petitioners, eight individuals, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...

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High Court of Karnataka Acquits Accused in Murder Case Due to Inconsistent Evidence and Lack of Proof of Guilt. Conviction under Sections 448, 323, 341, 302 IPC Set Aside as Prosecution Failed to Establish Chain of Circumstances.

The appellant, Veda @ Vedaprasad, was convicted by the II Additional District and Sessions Judge, Hassan, in S.C.No.228/2014 for offences punishable u...

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Gujarat High Court Acquits Accused in Corruption Case Due to Lack of Sanction and Unreliable Trap Witnesses. Conviction under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance of bribe beyond reasonable doubt.

The case pertains to two criminal appeals filed by the original accused against the judgment and order of conviction passed by the learned Additional ...

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Gujarat High Court Acquits Accused in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7, 12, 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

The case involves two appeals filed by the original accused against their conviction under the Prevention of Corruption Act, 1988. The appellants were...