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Landmark Judgments and Articles on Law

Whether the court can release accused on bail if the complainant has failed to give material particulars about the incident in FIR?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION (ST) NO.2676 OF 2020 Ezzakk Shashikumar Naik .. Applicant versus The State of Maharashtra .. Respondent … Mr.Ashok Tajane for the Applicant. Mr.P.H.Gaikwad, APP for the State. CORAM: BHARATI DANGRE, J….

Factor to be considered by court while deciding bail application in POCSO Act

IN THE HIGH COURT OF DELHI Bail Appl. 1559/2020 Decided On: 22.09.2020 Dharmander Singh Vs. The State (Govt. of NCT, Delhi) Hon’ble Judges/Coram: Anup Jairam Bhambhani, J. Citation: MANU/DE/1775/2020 1. The applicant, who is stated to be about 24 years of age, is an accused in…

Under which circumstances the court can rely on the identification of accused before the court in absence his test identification parade?

 IN THE HIGH COURT OF DELHI Crl. A. 735/2019 Decided On: 10.08.2020 V. Murli   Vs.   State of NCT of Delhi Hon’ble Judges/Coram:Manoj Kumar Ohri, J. Citation: MANU/DE/1553/2020 1. By way of the present appeal, the appellant has challenged his conviction recorded by the trial court vide…

Kerala High Court guidelines for Maintaining Rape Victim anonymity in cases filed before it

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT Crl.MC.No.3463 OF 2020(C) X Vs STATE OF KERALA Coram: P.B.SURESH KUMAR, J. Dated this the 9th day of September, 2020 This is a proceedings challenging Annexure – 4 order passed by the Special Court for Trial…

Whether the court should grant accused anticipatory bail if she has uploaded video to teach sex education to the children in the society?

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 24TH DAY OF JULY 2020 / 2ND SRAVANA, 1942 Bail Appl..No.3861 OF 2020 CRIME NO.478/2020 OF ERNAKULAM SOUTH POLICE STATION , ERNAKULAM PETITIONER/ACCUSED: FATHIMA A.S. AGED 34 YEARS W/O.MANOJ,…

Juvenile Justice board should not reject bail application of juvenile by mechanically reproducing provisions of Juvenile Justice Act

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRR-992- 2020 Date of Decision : July 13, 2020 Ashish Masih @ Ashu Vs State of Punjab CORAM : MR. JUSTICE SANJAY KUMAR The petitioner, a minor aged 17 years, is represented by his father….

Bombay HC: Bail to accused under POCSO Act overrides S. 14-A of SC/ST Act

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 817 OF 2020 Suraj S. Paithankar V/s. The State of Maharashtra CORAM : BHARATI DANGRE, J. DATE : 3rd JULY 2020. On 19/06/2020, this Court (Coram: Sarang Kotwal, J.) recorded an…

Whether the court can convict accused prosecuted for an offence under the POCSO Act based on Digital medical examination of the victim?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO.722 OF 2016 Mahesh Sambhaji Chafle Vs The State of Maharashtra CORAM : SMT. VIBHA KANKANWADI, J. PRONOUNCED ON : 12-06-2020 Present appeal has been filed by the original accused challenging his…

Precaution to be taken by court while summoning additional accused U/S 319 of CrPC

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1349 of 2018 (arising out of SLP (Crl.) No.6392 /2018) LABHUJI AMRATJI THAKOR Vs THE STATE OF GUJARAT ASHOK BHUSHAN,J. Dated:November 13, 2018. This appeal has been filed by the appellants challenging the judgment…

Whether it is necessary to prove that accused caused death of Rape victim with mensrea for applicability of S 376A of IPC?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1523-1524 OF 2019 [Arising out of Special Leave Petition(Crl.)Nos. 9254- 9255/2019 CRL.M.P. Nos. 5704-5705 OF 2017] Ravishankar @ Baba Vishwakarma ….. Appellants(s) VERSUS The State of Madhya Pradesh …..Respondents(s) JUDGMENT SURYA KANT, J….


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