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Jul 18 2023 (SC)

P. Yuvaprakash Vs. State Rep. By Inspector Of Police

Court : Supreme Court of India

1 REPORTABLE2023INSC676IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 1898 OF2023P. YUVAPRAKASH APPELLANT(S) VERSUS STATE REP. BY INSPECTOR OF POLICE RESPONDENT(S) JUDGMENT S. RAVINDRA BHAT, J.1. The sole appellant is aggrieved by the conviction affirmed and the sentence imposed by the Madras High Court, rejecting his plea1. He is acquitted of committing offense under Section 366 of the Indian Penal Code (hereafter IPC), but convicted under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter POCSO Act). 1 By common final order dated 14.12.2016 in Cr. A. No.400/2016. 22. The case of the prosecution was that one T. Abdul Hameed complained to the police that his younger daughter (hereafter M or the victim), aged 17 years (running 18 years), had stomach-ache when he went out on work on 13.01.2015. His elder daughter Vaheedha and his younger sister Ameena had taken M to the hospital. While they were returning home, near Rit...

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Jul 18 2023 (HC)

Sri Mustafa S/o Maktumsab Rasoolanavar Vs. The State Of Karnataka

Court : Karnataka Dharwad

- 1 - NC:2023. KHC-D:7434 CRL.RP No.100268 of 2023 IN THE HIGH COURT OF KARNATAKA R DHARWAD BENCH DATED THIS THE18H DAY OF JULY, 2023 BEFORE THE HON'BLE MR JUSTICE ANIL B KATTI CRIMINAL REVISION PETITION No.100268 OF2023(397-) BETWEEN: SRI. MUSTAFA S/O MAKTUMSAB RASOOLANAVAR AGE. 45 YEARS, OCC. AGRICULTURE, R/O. INAMHONGAL VILLAGE-591126, TQ. SAUNDATTI, DIST. BELAGAVI. PETITIONER (BY SRI. SRINAND A PACHHAPURE, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH DHARWAD RURAL POLICE STATION, NOW REPRESENTED BY STAET PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, BENCH AT DHARWAD. RESPONDENT (BY SRI. PRAVEEN UPPAR, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W401OF CR.P.C. SEEKING TO SET ASIDE THE ORDER DATED1706.2023 PASSED BY THE COURT OF IV ADDL. SENIOR CIVIL JUDGE AND JMFC, DHARWAD IN DRPS CRIME No.138/2023 ON AN APPLICATION FILED U/SEC. 457 OF CR.P.C. TO EXTENT OF A CONDITION DIRECTING THE PETITIONER TO DEPOSIT RS.5,00,000/- TOWARDS SECURITY IS CONERNED, MARKED AT AN...

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Jul 18 2023 (HC)

Lokesh @ Sathish Vs. State Of Karnataka

Court : Karnataka

R1IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE18H DAY OF JULY, 2023 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE RAJESH RAI K CRIMINAL APPEAL No.1234 OF2017C/W CRIMINAL APPEAL No.836 OF2017IN CRL.A.NO.1234 OF2017BETWEEN HARISH, S/O DODDEGOWDA, AGED ABOUT37YEARS, RESIDENT OF DYAVAPANAHALLI VILLAGE, HALEBEEDU HOBLI, BELUR TALUK-573 115, HASSAN DISTRICT. ...APPELLANT (BY SRI. VEERANNA G. TIGADI, ADVOCATE) AND STATE OF KARNATAKA, BY HALEBEDU POLICE STATION, HALEBEEDU HOBLI, 2 BELUR TALUK-573 115 HASSAN DISTRICT. RESPONDENT (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP) THIS CRL.A. IS FILED U/S.374(2) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED2504.2017 AND ORDER DATED274.2017 PASSED BY THE II ADDL. DIST. AND S.J., HASSAN IN S.C.NO.215/2012 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S120B), 302 AND201R/W34OF IPC. IN CRL.A.NO.836 OF2017BETWEEN LOKESH @ SATHISH, S/O DODDEGOWDA, AGED ABOUT34YEARS, RESIDENT OF DYAVAPA...

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Jul 18 2023 (HC)

Harish Vs. State Of Karnataka

Court : Karnataka

R1IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE18H DAY OF JULY, 2023 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE RAJESH RAI K CRIMINAL APPEAL No.1234 OF2017C/W CRIMINAL APPEAL No.836 OF2017IN CRL.A.NO.1234 OF2017BETWEEN HARISH, S/O DODDEGOWDA, AGED ABOUT37YEARS, RESIDENT OF DYAVAPANAHALLI VILLAGE, HALEBEEDU HOBLI, BELUR TALUK-573 115, HASSAN DISTRICT. ...APPELLANT (BY SRI. VEERANNA G. TIGADI, ADVOCATE) AND STATE OF KARNATAKA, BY HALEBEDU POLICE STATION, HALEBEEDU HOBLI, 2 BELUR TALUK-573 115 HASSAN DISTRICT. RESPONDENT (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP) THIS CRL.A. IS FILED U/S.374(2) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED2504.2017 AND ORDER DATED274.2017 PASSED BY THE II ADDL. DIST. AND S.J., HASSAN IN S.C.NO.215/2012 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S120B), 302 AND201R/W34OF IPC. IN CRL.A.NO.836 OF2017BETWEEN LOKESH @ SATHISH, S/O DODDEGOWDA, AGED ABOUT34YEARS, RESIDENT OF DYAVAPA...

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Jul 17 2023 (SC)

C.b.i. Vs. Shyam Bihari .

Court : Supreme Court of India

2023 INSC623REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.413 OF2013CENTRAL BUREAU OF INVESTIGATION Appellant Versus SHYAM BIHARI & OTHERS Respondents JUDGMENT MANOJ MISRA, J.1. This appeal assails the judgment and order of the High Court of Uttarakhand at Nainital (in short, the High Court), dated 26.07.2012, in Government Appeal No.4 of 2022. By the said order, though the delay in preferring the appeal against the judgment and order of acquittal dated 13.12.2011 passed by the third Additional District & Sessions Judge/Special Judge (Prevention of Corruption Act), C.B.I., Dehradun (for short the trial court) in C. No.RC-5/87-SIU.II was condoned, the application seeking leave to appeal under section 378 (3) of the Code of Criminal Procedure, 1973 (in short, the Code) was rejected and in consequence the Government Appeal was dismissed. Criminal Appeal No.413 of 2013 Page 1 of 21 Introductory Facts 2. In the night/late evening of 24.06.1987, ...

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Jul 17 2023 (SC)

Arvind Kumar Vs. State Of Nct, Delhi

Court : Supreme Court of India

2023 INSC622REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2390 OF2010Arvind Kumar Appellant versus State of NCT, Delhi Respondent JUDGMENT ABHAY S. OKA, J.FACTUAL ASPECTS1 By this appeal, the appellantaccused has taken an exception to the order of his conviction passed by the Sessions Court for the offence punishable under Section 302 of the Indian Penal Code (for short, IPC). The learned Sessions Judge held that the case of the appellantaccused was covered by thirdly in Section 300 of IPC. The learned Sessions Judge held that the appellantaccused has failed to bring the case within the protective umbrella of the exception 4 to Section 300 of IPC. By the impugned judgment of the Criminal Appeal No.2390 of 2010 Page 1 of 16 High Court, the conviction of the appellant has been confirmed. The Trial Court sentenced the appellant to undergo a life sentence. By the time the appellant was released on bail by this Court by the order dated 27th No...

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Jul 17 2023 (HC)

Kantharaju Vs. State Of Karnataka

Court : Karnataka

- 1 - R CRL.RP No.1372 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE17H DAY OF JULY, 2023 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL REVISION PETITION No.1372 OF2019BETWEEN: KANTHARAJU S/O NAGARAJU OCCUPATION: COOLIE AGED ABOUT46YEARS RESIDING AT VITTAVATHANAHALLI VILLAGE URIDIGERE HOBLI, TUMKUR TALUK PIN 572 140. PETITIONER (BY SRI. CHETAN DESAI, ADVOCATE) AND: STATE OF KARNATAKA BY KYATHASANDRA POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE 560 001. RESPONDENT (BY SRI. RAHUL RAI K, HCGP) THIS CRL.RP IS FILED U/S. 397 R/W SECTION401CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED1801.2019 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC-1, TUMAKUR IN C.C.NO.3980/2011, INSOFAR AS CONVICTING AND SENTENCING THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION498A IPC, AND CONFIRMED BY THE ORDER DATED0410.2019 PASSED BY THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKUR, AT TUMAKUR IN CRL.A.NO.02/2019 AND ETC., THIS...

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Jul 14 2023 (HC)

Thimmaiah Vs. The State Of Karnataka

Court : Karnataka

- 1 - NC:2023. KHC:25013-DB CRL.A No.500 of 2018 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE14H DAY OF JULY, 2023 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE RAJESH RAI K CRIMINAL APPEAL No.500 OF2018BETWEEN: THIMMAIAH, S/O LATE KUMBAIAH, AGED ABOUT69YEARS, OBANAHALLI, C.N.DURGA HOBLI, KORATAGERE TAUK, TUMKUR DISTRICT-572 129. APPELLANT (BY SRI. G.M ANANDA, ADVOCATE) AND: THE STATE OF KARNATAKA BY KORATAGERE POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. RESPONDENT (BY SRI. VIJAYAKUMAR MAJAGE, SPP-II) THIS CRL.A. IS FILED U/S.374(2) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER OF CONVICTION DATED0909.2016 PASSED BY THE IV - 2 - NC:2023. KHC:25013-DB CRL.A No.500 of 2018 ADDITIONAL DISTRICT AND SESSIONS JUDGE, MADHUGIRI IN S.C.NO.5042/2014 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S302AND201OF IPC. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLO...

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Jul 13 2023 (SC)

Ankita Bhati Vs. Dev Raj Singh Bhati

Court : Supreme Court of India

2023 INSC643NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL/CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) No.1770 OF2021ANKITA BHATI Petitioner(s) VERSUS DEV RAJ SINGH BHATI Respondent(s) WITH TRANSFER PETITION (CRIMINAL) No.659 OF2019JUDGMENT ABHAY S. OKA, J.1. Heard the learned counsel appearing for the petitioner and the learned senior counsel appearing for the respondent.2. This is a usual case where a matrimonial dispute which resulted in multiple cases being filed by the parties. Though an effort was made to arrive at a mediated settlement, perhaps the parties have not seen the reason and therefore, the mediation has failed.3. Both the Transfer Petitions are filed by the wife which are strongly opposed by the husband. There are multiple proceedings pending as stated above. The wife Transfer Petition (C)No.1770/2021 1/7 has filed a maintenance petition under Section 18 of the Hindu Adoption and Maintenance Act, 1956 which is pending before the Additional District Jud...

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Jul 13 2023 (SC)

Mathew Alexander Vs. Mohammed Shafi

Court : Supreme Court of India

1 REPORTABLE2023INSC621IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.1931 of 2023 (Arising out of SLP (Crl.) No.8211 of 2022) Mathew Alexander Appellant(s) Vs. Mohammed Shafi and Anr. Respondent(s) JUDGMENT NAGARATHNA J.Leave granted.2. The Appellant herein is aggrieved by the quashing of the opinion formed as per final report in pursuant to the further investigation in Crime No.1/2015 registered at Chathannoor Police Station, by the High Court in its order dated 31.03.2022.3. Briefly stated the facts are that an FIR bearing No.01/2015 was registered by the complainant against the Appellants son before the Chathannoor Police Station invoking Sections 279 and 304A of the IPC. The FIR stated that on 01.01.2015, at around 2.15 am, Appellants son, Nixon Abey Matthew, aged 20 years, was driving a Maruti Alto car bearing No.KL2AC1370through the Kollam-Thiruvananthapuram National Highway from East to West direction on the left side of the 2 road, along with ...

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