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Landmark Judgments and Articles on Law

False rape case Quashed – Consented Sex in a 8 years relationship

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION NO.408 OF 2019 xxxx ] .. Applicant vs. State of Maharashtra & Anr. ] .. Respondents Mr.Girish Kulkarni, Senior Advocate i/b Kripashankar Pandey for the Applicant. Ms.P.N. Dabholkar, APP for the State….

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….

Bail granted in Gangrape case

ALLAHABAD HIGH COURT Court No. – 76 Case :- CRIMINAL APPEAL No. – 5119 of 2021 Appellant :- Suresh Yadav @ Suresh Kumar Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Awadhesh Kumar Sharma,Sharda Vishwakarma,Swati Agrawal Srivastava Counsel for Respondent :-…

Whether Appellate court should direct joint trial of accused even if the accused has not shown any prejudice due to separate trial?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos. 1051-1054 of 2021 Nasib Singh Vs The State of Punjab Author: Dr Dhananjaya Y Chandrachud, J Dated: October 08, 2021. 1. These appeals arise from a judgment dated 20 December 2019 of a Division…

Longer voluntery sexual relation with promise of the marriage is not Rape

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 635 OF 2020 (Arising out of SLP (Crl.) No.393 of 2020) MAHESHWAR TIGGA …APPELLANT(S) VERSUS THE STATE OF JHARKHAND …RESPONDENT(S) JUDGMENT NAVIN SINHA, J. Leave granted. 2. The appellant assails his conviction under…

Whether the court can convict the accused for an offence of cheating if there is no prosecution evidence that the lady maintained sexual relations under a false promise of marriage?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.119 OF 1999 Kashinath Narayan Gharat Vs The State of Maharashtra CORAM : SMT. ANUJA PRABHUDESSAI, J. DATED: 9th DECEMBER, 2021. 1. This appeal under Section 374 of the Code of Criminal…

Whether court can compel the victim of Rape to undergo DNA test?

ALLAHABAD HIGH COURT Case :- CRIMINAL REVISION No. – 477 of 2021 Revisionist :- Gulafsa Begum Opposite Party :- State of U.P. Coram: Hon’ble Mrs. Sangeeta Chandra,J. Dated:  3.12.2021 (1) Heard the learned counsel for the parties and perused the record. (2) This Criminal Revision has…

Can the court charge the accused for an offence under POCSO Act if she fails to report to the police about a crime against a child?

THE HIGH COURT OF MADHYA PRADESH Gwalior, Dated: 02.09.2021 Shri Sumit Shrivastava, Counsel for the applicant. Shri N.K. Gupta, Counsel for the State. This criminal revision under Sections 397/401 of Cr.P.C. has been filed against the order dated 10.08.2018 passed by the Special Judge (POCSO…

Whether residual doubt is a mitigating circumstance leading to reduction of sentence of accused?

IN THE HIGH COURT OF KERALA AT ERNAKULAM CRL.A NO. 1208 OF 2016 NARAYANAN KUNJAPPAN Vs STATE OF KERALA PRESENT MR.JUSTICE K.VINOD CHANDRAN MR.JUSTICE ZIYAD RAHMAN A.A. Dated, this the 8th September 2021 Author: Vinod Chandran, J. ‘Gamekeeper turns poacher‘ is how the Hon’ble Supreme Court…

Bail in POCSO – Went with man & gave birth to child can’t say 15yr old didn’t know impact of her actions

HIGH COURT OF M.P. : BENCH AT INDORE M.CR.C. No.41304/2021 Rakesh S/o Ambaram vs. State of M.P. Indore : 09/09/2021 :- Shri Amit Mittal, learned counsel for the applicant. Shri Kapil Mahant, learned Panel Lawyer for the nonapplicant/State. Heard. Case-diary perused / challan papers. O…

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