Search Results for "section 376"

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Search Results for "section 376"

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Supreme Court

Supreme Court Commutes Death Sentence to Life Imprisonment in Rape and Murder of Minor — Emphasizes Need to Consider Mitigating Circumstances Before Imposing Death Penalty. The Court upheld the conviction but modified the sentence, holding that the case did not fall within the 'rarest of rare' category as mitigating factors were overlooked.

1 Jan 2019

The appellant, Nand Kishore, was convicted by the trial court for the rape and murder of an 8-year-old girl, and sentenced to death. The High Court co...

High Court

Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Testimony and Lack of Corroboration. Consent and Age Discrepancy Cast Doubt on Prosecution Case, Leading to Acquittal Under Section 376 IPC and Section 6 POCSO Act.

11 Aug 2023

The appellant, Mahesh Bhimraj Jadhav, was convicted by the Designated Court under the POCSO Act for the rape of a 17-year-old girl. The prosecution al...

High Court

High Court of Karnataka Dismisses State's Petition to Cancel Bail in Rape Case — No Supervening Circumstances or Misuse of Bail Found. The court held that cancellation of bail under Section 439(2) CrPC requires supervening circumstances or misuse of liberty, not mere disagreement with the bail order.

23 Feb 2016

The State of Karnataka, through Alur Police, filed a petition under Section 439(2) of the Code of Criminal Procedure, 1973 (CrPC) seeking cancellation...

High Court

Bombay High Court Dismisses Petition Challenging Order Holding Revision Against Condonation of Delay Lies Only Before State Government Under Maharashtra Land Revenue Code. Order condoning 38-year delay in filing appeal under Section 247 of the Code is not appealable under Section 252, hence revision under Section 257 lies only before State Government.

27 Sep 2024

The petitioners, legal heirs of Ganpati Ishwar Ghatge, challenged an order dated 06.04.2022 passed by the Deputy Director of Land Records, Pune, which...

High Court

Bombay High Court Hears Appeal Against Denial of Anticipatory Bail in SC/ST Act Case; Considers Applicability of Section 18A Bar. Court Notes That Prima Facie Offences Under Sections 3(1)(r) and 3(1)(s) Require Caste-Based Abuse in Public View, Which Appeared Lacking.

25 Apr 2019

The case involved a criminal appeal under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Indian Penal Code, st...

High Court

Bombay High Court Allows Cross-Examination on Section 164 CrPC Statements in POCSO Case — Trial Court's Unilateral Exhibition of Statements Without Opportunity to Cross-Examine Violates Fair Trial Principles. Accused entitled to recall witnesses for cross-examination on their Section 164 statements to ensure fair trial.

23 Aug 2021

The petitioner, Vinod s/o Vikram Paithankar, is facing trial in Special Case (child) No. 10 of 2018 for offences under Sections 376(2)(i), 323 read wi...

High Court

Bombay High Court Upholds Conviction of Appellant for Aggravated Penetrative Sexual Assault Under POCSO Act — Victim's Testimony Found Credible Despite Lack of Medical Corroboration. The court held that the sole testimony of the child victim is sufficient for conviction under Section 6 read with Section 5(n) of the POCSO Act if it is natural and inspires confidence.

1 Jul 2019

The appellant, Manish Chandrabhan Lanjewar, was convicted by the Additional Sessions Judge-1, Nagpur in Special Child Protection Case No. 128 of 2013 ...

High Court

High Court of Karnataka Dismisses Petition to Cancel Bail in Cheating Case — No Misuse of Bail or Violation of Conditions Established. Section 439(2) Cr.P.C. requires strong grounds for cancellation; mere disagreement with trial court's reasoning insufficient.

14 Jan 2022

The petitioner, Smt. Lalitha, filed a criminal petition under Section 439(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court o...

High Court

Bombay High Court Grants Bail to Accused in SC/ST Act and Rape Case Due to Consensual Relationship and Lack of Prima Facie Case. Court finds that the victim's conduct and delay in FIR indicate a consensual relationship, not an offence under Section 376 IPC or Sections 3(1)(w)(i), 3(2)(v) of the SC/ST Act.

18 Oct 2022

The appellant, Hitesh Santosh Vartak, filed a criminal appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrociti...

High Court

Bombay High Court Acquits Accused in Rape and Kidnapping Case Due to Unreliable Prosecutrix Testimony and Lack of Medical Corroboration. Conviction under Sections 376(1), 363, 392, 323, 506, 363 read with 511, and 292 IPC set aside as evidence was inconsistent and did not prove guilt beyond reasonable doubt.

5 Mar 2010

The appellant, Shivaji Sahebrao Patole, was convicted by the trial court for offences under Sections 376(1), 363, 392, 323, 506, 363 read with 511, an...

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