Conviction set aside as
medical evidence did not corroborate victims version and age was not proved.
POCSO conviction set
aside due to non-examination of DNA expert and absence of sample preservation
evidence.
Principal District and Sessions Judge failed to consider PMLA provisions in transfer application, thus necessitating quashing of current order and re-transfer of Criminal Case to Special Court under PMLA.
Acquittal for outraging
modesty upheld where victims version was inconsistent, unsupported by evidence,
and tainted by prior enmity.
Termination of
Anganwadi Madatnis illegal where no fraud or misrepresentation found and
documents were duly verified; reinstatement directed.
Petitioner cannot be permitted to lead additional evidence at appellate stage due to lack of due diligence during trial and he has not demonstrated any exceptional circumstances to justify introducing new evidence.
Regulations 2020 are issued by State of Maharashtra as per provisions of Act and there is backing of law to recover such infrastructure cost.
Considering aims of Protection of Children from Sexual Offences Act and victim's status as a minor, case does not warrant exceptional consideration under Section 482 of CrPC.
Termination of Anganwadi Madatnis illegal where no fraud or
misrepresentation found and documents were duly verified; reinstatement
directed.
Reinstatement
and back wages denied when termination followed due process and employee was on
extended probation without satisfactory performance.
Judgment passed by Additional Sessions Judge convicting accused for offence punishable under Section 302 of IPC and sentencing to undergo life imprisonment along with fine Rs.50,000/- is modified.
Non-applicant No.1 along with her son is entitled to reside in shared household on first floor instead of on ground floor as described in application.
Unregistered agreement bars defendant from claiming protection
under Section 53A; prohibition under Project Affected Act validates decree for
possession.
Magistrate adequately complied with Section 202 by verifying complaint and documents without needing to examine witnesses hence, no case is made out to cause interference in impugned order and judgment.
Further investigation cannot be directed, adhering to legal standards under Articles 226 and 227 of Constitution, which dictate that such powers should be exercised sparingly and only in exceptional situation.
Material on record is not sufficient for prosecution to establish charge against applicant, in such circumstances, subjecting Applicant to trial would not only be a mere formality but also abuse of process of law.
Considering circumstances on record, it is appropriate to allow Appellant a reasonable opportunity to pursue appeal on its merits and thus, leave to appeal is granted.
Case is proved beyond reasonable doubt hence, trial Court was justified in awarding conviction and sentence to Appellant.
Order of conviction upheld, as prosecution was proven beyond reasonable doubt that accused has committed murder of deceased.
Order of reinstatement along with other benefits shall be in exclusion of 50% back-wages, as employee officiated in public office during period in question.
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