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Landmark Judgments and Articles on Law

Protection order in Section 376 IPC

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 3194/2018 MOHD. SARWAR RAZA….. Petitioner Through: Mr. Jayant Bhatta and Ms. Prachi Aggarwal, Advs. versus STATE & ORS…… Respondent Through: Ms. Kamna Vohra, ASC for State CORAM:HON’BLE MR. JUSTICE NAJMI WAZIRI O R D E…

When pressing the breast of a minor girl will not amount to sexual assault as per the POCSO Act?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH CRIMINAL APPEAL NO. 161 OF 2020 Satish  Bandu Ragde, Vs The State of Maharashtra CORAM : PUSHPA V. GANEDIWALA, J. Dated: JANUARY 19, 2021. Heard Shri Sk. Sabahat Ullah, learned counsel for the petitioner and…

Anticipatory Bail under CrPC 438 for Sections 376(2)(n), 376(2)(c)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 967 of 2020 Shishir s/o Balkrushn Pataaskar, Age : 43 years, Occu. Service, R/o 32, Krushngopal Housing, Ambedkar Ves, Bhingar Nagar, District Ahmednagar APPLICANT VERSUS The State of Maharashtra, through…

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….

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….

SC : Even a woman of easy virtue have right to refuse to have intercourse; acquittal of rape accused reversed

SUPREME COURT OF INDIA State (Govt. of NCT of Delhi) Vs. Pankaj Chaudhary and Ors. [Criminal Appeal No.2298 of 2009] [Criminal Appeal No.2299 of 2009] R. BANUMATHI, J. 1. These appeals arise out of the judgment dated 05.05.2009 passed by the High Court of Delhi…

Unless Prosecutrix Testimony is of “Sterling” Quality, Accused cannot be Convicted of Rape

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 264 OF 2020 (Arising out of SLP(Criminal) No.3780/2018) SANTOSH PRASAD @ SANTOSH KUMAR …APPELLANT VERSUS THE STATE OF BIHAR …RESPONDENT J U D G M E N T M.R. SHAH, J. Feeling aggrieved…

Whether additional accused can be summoned U/S 319 of CrPC even if there is no Prima facie case against him?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 1517 of 2019 Decided On: 17.10.2019 Mani Pushpak Joshi Vs. State of Uttarakhand and Ors. Hon’ble Judges/Coram: L. Nageswara Rao and Hemant Gupta, JJ. Citation: (2019) 9 SCC 805 1. The challenge in the present appeal…

Slightest penetration, of whatever degree, is sine qua non to attract provision of Section 376 IPC; Converted to 354 IPC.

HIGH COURT OF TRIPURA AGARTALA CRL A (J) NO.23 OF 2015 Sri Nemai Dey alias Pijus, Son of Late Raicharan Dey, Resident of East Kanchanbari,P.O.& P.S. Kumarghat,District: Unokoti.—- Appellant Versus The State of Tripura Represented by its Secretary Cum commissioner to the Department of Home,…

How to appreciate evidence of woman who is in habit of implicating all the persons by making wild allegations in the nature of rape?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 526 of 2019 Decided On: 26.03.2019 Ganga Prasad Mahto Vs. State of Bihar and Ors. Hon’ble Judges/Coram:Abhay Manohar Sapre and Dinesh Maheshwari, JJ. 1. Leave granted. 2. This appeal is directed against the final judgment and…

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