Search Results for "section 366 CrPC"

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Search Results for "section 366 CrPC"

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High Court

High Court of Karnataka Dismisses Petition to Cancel Bail in POCSO Case — No Supervening Circumstances or Violation of Bail Conditions Established. The court held that cancellation of bail under Section 439(2) CrPC requires strong grounds such as misuse of liberty or violation of conditions, which were not present.

11 Oct 2023

The petitioner, the informant/victim, filed a petition under Section 439(2) of the Code of Criminal Procedure, 1973 (CrPC) before the High Court of Ka...

High Court

High Court of Karnataka Dismisses State Appeal Against Acquittal in POCSO and Rape Case — Prosecution Fails to Prove Guilt Beyond Reasonable Doubt. Acquittal of Accused Under Sections 366A, 344, 376 IPC and Sections 5(j)(ii) and 5(l) of POCSO Act, 2012 Upheld Due to Inconsistent Testimony of Victim and Lack of Corroboration.

28 Nov 2022

The State of Karnataka filed an appeal under Section 378(1) and (3) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal dat...

Supreme Court

Supreme Court Upholds Death Penalty for Accused in Rape and Murder Case Based on Circumstantial Evidence. Conviction under Sections 302 and 376 IPC sustained as witness testimonies were trustworthy and chain of circumstances was complete, applying last seen theory and Section 106 Evidence Act.

28 Sep 2022

The Supreme Court of India heard a criminal appeal by an accused convicted under Sections 302 and 376 of the Indian Penal Code, 1860, for the rape and...

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

High Court of Karnataka Quashes POCSO Proceedings Against Husband in Marital Rape Exception Case — Consent and Marriage Valid Despite Victim Being Minor. The court held that continuing prosecution under Sections 366, 376 IPC and POCSO Act would be an abuse of process when the victim voluntarily married the accused and lived as his wife, as per her Section 164 CrPC statement.

28 Oct 2021

The petitioners, Anil Venkappa Kushalkar and his wife Surekha, filed a petition under Section 482 CrPC seeking quashing of criminal proceedings in Spe...

High Court

Bombay High Court Quashes Sub-Divisional Magistrate's Order Under Section 145 CrPC in Property Dispute — Subsequent Sale Agreement Renders Proceedings Infructuous. The court held that once parties entered into a sale agreement after the preliminary order, the dispute ceased to exist and the Magistrate could not pass a final order for restoration of possession.

31 Jul 2019

The petitioner, Santumal Assudomal Gogia, filed a criminal writ petition challenging an order passed by the Sub-Divisional Magistrate, Ulhasnagar Divi...

High Court

Bombay High Court Acquits Accused in Kidnapping Case Due to Inconsistent Evidence and Lack of Proof of Age. Conviction under Sections 363 and 366 IPC Set Aside as Prosecution Failed to Establish Victim Was Below 18 Years and That Taking Was Without Consent.

7 Aug 2014

The appellants, Rohidas Laxman Malge and Vilas Sopanrao Landge, were convicted by the trial court under Sections 363 and 366 read with Section 34 of t...

High Court

High Court of Karnataka Confirms Death Sentence for Nine Accused in Murder Case Based on Circumstantial Evidence and Motive. Court Upholds Conviction Under Section 302 IPC Read with Section 149 IPC for Brutal Murder of Five Persons Over Land Dispute.

29 Jan 2013

The High Court of Karnataka at Dharwad, comprising Dr. Justice K. Bhakthavatsala and Mr. Justice B. Sreenivase Gowda, delivered a judgment on 29 Janua...

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...

Supreme Court

Supreme Court Upholds Accused's Right to Default Bail in Pre-Charge Sheet Detention; Holds 60-Day Limit Applies Unless Offence Carries Minimum 10 Years' Imprisonment. Interpretation of 'imprisonment for a term not less than ten years' in Section 167(2) CrPC resolved in favor of personal liberty, entitling accused to statutory bail when charge sheet not filed within 60 days.

1 Jan 1970

The case arose from a petition under Article 136 of the Constitution challenging orders of the Gauhati High Court rejecting bail to the petitioner. Th...

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