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High Court Hears State Appeal Against Acquittal in Murder and Rioting Case; Revisional Power Under Section 401(3) CrPC Cannot Be Used to Convert Acquittal Into Conviction

This matter involves a state appeal under Section 378 of the Code of Criminal Procedure, 1973 and a revision application under Section 397 CrPC filed ...

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Bombay High Court Dismisses Appeal of Convicts in Murder and Robbery Case Based on Circumstantial Evidence. Recovery of Stolen Articles and Last Seen Evidence Sufficient to Sustain Conviction Under Sections 302, 395, 397 IPC.

The appellants, Raju Murges Subramanyam and Nicholas @ Tambi Mhanu Babu, were convicted by the Sessions Court at Thane for offences punishable under S...

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Gujarat High Court Modifies Sentence in Section 138 NI Act Conviction, Reduces Sentence to Period Already Undergone. Revisional Court Cannot Reappreciate Evidence Unless Perverse, But Sentence Can Be Modified in Interest of Justice.

The present judgment arises out of two criminal revision applications filed by the accused, Jamsinghbhai Laxmanbhai Makwana, challenging his convictio...

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High Court of Karnataka Acquits Accused in Karnataka Excise Act Case Due to Lack of Independent Witnesses. Conviction under Section 36 of Karnataka Excise Act set aside as prosecution failed to prove sale of liquor beyond reasonable doubt.

The petitioner, Manoj Kumar, was convicted by the II JMFC, Mangaluru in C.C.No.781/2014 for an offence punishable under Section 36 of the Karnataka Ex...

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High Court of Karnataka Acquits Accused in Fatal Bus Accident Case Due to Lack of Evidence of Rash and Negligent Driving. Conviction under Sections 279, 338, 304(A) IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The petitioner, Medappa, was the driver of a bus that met with an accident on 28 July 2000 at about 9:30 a.m., resulting in the death of eight passeng...

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Bombay High Court Upholds Conviction for Rash Driving Causing Death but Grants Probation to Young Offender. Concurrent findings of guilt under Section 304-A IPC and Motor Vehicles Act not perverse; benefit of Probation of Offenders Act extended considering age and first-time offence.

The petitioner, who was 18 years old at the time of the incident, was convicted by the Judicial Magistrate First Class, Aurangabad, for offences under...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Consideration of Bail Orders. Detaining Authority's Failure to Interact with Witnesses and Consider Bail Orders Renders Detention Invalid.

The petitioner, Suraj @ Lalla Kalicharan Thakur, through his father, challenged the legality of a detention order dated 20/10/2022 passed by the Distr...