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Landmark Judgments and Articles on Law

Bombay HC: The court should record Evidence of victim of an offence Under Pocso Act within 30 days from chargesheet.

In the High Court of Bombay (Before Revati Mohite Dere, J.) Atul Gorakhnath Ambale Vs State of Maharashtra Criminal Bail Application No. 3242 of 2019 Decided on April 1, 2022 Citation: 2022 SCC OnLine Bom 873 : (2022) 2 AIR Bom R (Cri) 478 : (2022) 4…

SC guidelines for determination of age of victim of an offence under the Pocso Act

 SUPREME COURT P. SATHASIVAM AND JAGDISH SINGH KHEHAR, JJ. Jarnail Singh Vs. State Of Haryana Criminal Appeal No. 1209 of 2010 1st July, 2013 Citation: 2013 ALL MR (Cri) 2946 (S.C.) JAGDISH SINGH KHEHAR, J. :- The factual position on which the prosecution version is founded,…

Bombay HC: It is mandatory to issue notice of hearing of case and bail application to victim of an offence under Pocso Act

In the High Court of Bombay (Before Dipankar Datta, C.J. and G.S. Kulkarni, J.) Arjun Kishanrao Malge  Vs  State of Maharashtra and Others Public Interest Litigation No. 5 of 2021 Decided on April 8, 2021, Citation: 2021 SCC OnLine Bom 551 : (2021) 2 Bom CR (Cri) 677…

Whether the court can determine the age of the Juvenile based on the driving license or Voter ID card of the Juvenile?

ALLAHABAD HIGH COURT Case :- CRIMINAL REVISION DEFECTIVE No. – 136 of 2022 Revisionist :- Naushad Ali Opposite Party :- State Of U.P. Through Secretary Home And Another Coram: Hon’ble Rahul Chaturvedi,J. Dated:  8.4.2022 Heard Shri Suresh Kumar Maurya, learned counsel for the revisionist and learned A.G.A….

Whether the court can permit Public prosecutor to cross examine victim under POCSO Act if she turns hostile?

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Whether the court can compel victim of sexual offence to reproduce minute details of sexual offence?

IN THE HIGH COURT OF KARNATAKA AT BENGALURU CRIMINAL PETITION No.8167/2020 STATE OF KARNATAKA, Vs SOMANNA, S/O DODDA SHETTY, BEFORE MR. JUSTICE M. NAGAPRASANNA DATED THIS THE 3RD DAY OF MARCH, 2022 The State is before this Court in the subject petition calling in question…

Investigation – When public opinion influences an investigation its very course gets diverted with exasperating results

IN THE HIGH COURT OF KERALA AT ERNAKULAM K. Vinod Chandran Ziyad Rahman A.A, JJ. Crl.A.No.1237 of 2016; 19th July, 2021 Against the Judgment in SC 353/2010 of Special Court Under POCSO Act, Palakkad, Palakkad Dated 23.01.2016 MANI @ RAJENDRAN Vs. STATE OF KERALA Appellants:…

Section. 361 & 366A IPC – Kidnapping from lawful guardianship – Procuration of minor girl

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CORAM : V. K. JADHAV AND S. G. DIGE, JJ. CRIMINAL APPEAL NO. 263 OF 2014; 16.07.2021 Shantaram Arjun Gorase Vs. State of Maharashtra Mr. B. A. Husale, Advocate for the Appellant. Mr. S. P….

Section.311 CrPC – Application was moved on the ground that a new counsel has been engaged.

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Hon’ble Alok Mathur, J. CRIMINAL REVISION No. – 321 of 2021 Amrit Lal Vs. State Of U.P. Ors. Counsel for Revisionist :- Santosh Kumar Srivastava; Counsel for Opposite Party :- G.A. 1. Heard Sri Santosh Kumar Srivastava,…

Can the court consider an additional circumstance against the accused if he only says he was falsely implicated in his statement under S 313 of CRPC?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. Criminal Appeal No.493/2018 Mithun @ Dhananjay Khamban Nisad, C Vs State of Maharashtra CORAM : M.S. SONAK, PUSHPA V. GANEDIWALA, JJ. DATE : 29-11-2021. (Per: Pushpa V. Ganediwala, J.) The appellant Mithun @ Dhananjay Khamban…

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