.....there was a long gap between the date of the alleged incident and the time of reporting and the delay in registration of the fir has not been satisfactorily explained. counsel submits that the story of the prosecution cannot be believed inasmuch that it is not possible that the victim was taken from delhi to district motihari, bihar and throughout the journey she did not make any attempt to escape or protest when there were co-passengers and even at the time she was staying in the village with the appellant. it is further submitted that medical examination also does not support the case of prosecution. counsel submits that the age of prosecutrix has not been proved in accordance with law and thus, the appellant should be given the benefit of doubt especially when leaving of the house and staying with the appellant was consensual in nature.10. counsel for the state submits that there was no infirmity as far as judgment and conviction is concerned. she submits that the age of the prosecutrix has been duly established on the basis of the statement made by her father which stands duly corroborated by the certificate produced from the school. it is further established by the.....
Tag this Judgment! Ask ChatGPT.....punishable under sections 3ipc. aggrieved by the said judgment and order on sentence, the appellant has preferred the present appeal.2. brief facts stated are that on receiving information vide dd no.26-a, si puneet grewal reached to the spot along with ct.nand kihore and thereafter they came to know that the injured was taken to bjrm hospital, jahangirpuri where the injured bunty was found to be admitted in the hospital vide mlc ex.pw-2/a. the statement of the injured was recorded. pw-5 bunty i.e. the injured in his statement has stated that on 29.10.2015 at about 11:15 pm he was crl.a.730/2016 page 1 of 4 passing through kuda khatta, near lekhram park, wazirpur where he met appellant imtiyaz and his friend who demanded the loan amount given to him and on his showing inability, knife blow on his person was caused by the appellate imtiyaz. on the basis of statement of the injured, fir was registered. consequent upon the registration of the fir, the appellant was arrested on 31.10.2014, however, the co-accused was not arrested as his whereabouts were not known. the weapon of offence i.e. knife could not be recovered from the possession of the appellant. after completion of.....
Tag this Judgment! Ask ChatGPT.....in this court, and as per his nominal roll, he has undergone page 1 of 2 crl.a.506/2015 sentence of ten months and his conduct in jail has been satisfactory and that he is a poor person. on behalf of appellant, it is submitted that appellant is earning his livelihood by plying the e-rickshaw and he has a wife and school going children and so the substantive sentence awarded to him deserves to be reduced to the period already undergone by him.3. learned additional public prosecutor for respondent-state submits that no minimum sentence is prescribed for the offence in question, but the sentence awarded to appellant is proper.4. upon hearing and on perusal of impugned judgment, i find that conviction of appellant is well merited, but the order on sentence needs to be varied in the facts and circumstances of this case. the facts of instant case, persuades this court to reduce the sentence awarded to appellant to the period already undergone by him as appellant is not a previous convict. resultantly, the substantive sentence awarded to appellant is reduced to the period already undergone by him while maintaining the sentence of fine imposed upon him.5. to the aforesaid extent,.....
Tag this Judgment! Ask ChatGPT.....report. 'x' was taken for medical examination. the appellant was arrested and medically examined. statements of the witnesses conversant with the facts were recorded. upon completion of investigation, a charge-sheet was filed against the appellant. in order to establish its case, the prosecution examined nine witnesses. in 313 cr.p.c. statement, the appellant denied his involvement in the crime and pleaded false implication. the appellant’s wife geeta devi appeared in his defence as dw-1. the trial resulted in conviction, as aforesaid. being aggrieved and dissatisfied, the instant appeal has been preferred.3. i have heard the learned counsel for the parties and have examined the file. the prosecutrix is appellant’s real daughter. both her parents used to consume liquor. victim’s mother dw-1 (geeta devi) has attempted to exonerate her husband of reasons best known to her. on the day of incident, she was also lying in the jhuggi under the influence of liquor, ignorant as to what was happening there. apparently, both the parents had not taken due care of the child and it is informed that at present she is living at ngo home at sangam vihar.4. pw-2 (renu) was associated with.....
Tag this Judgment! Ask ChatGPT.....judgment and the record, i find that conviction of both appellants is well merited, but the order on sentence needs to be modified in view of the facts and circumstances of this case and the nominal roll of both the appellants. as per the nominal roll of appellant-vikram raj @vicky, he has already undergone sentence of one year, five months and one day. since six kgs of ganja has been recovered from appellant-vikram raj @vicky, therefore in the facts and circumstances of this case, the substantive sentence awarded to this appellant is reduced to the period already undergone by him, while the sentence of fine is maintained. regarding appellant-surjya baro, i find that as per his nominal roll, the unexpired sentence is of eight months and twenty three days only. in the facts and circumstances of this case, the sentence awarded to this appellant-surjya baro is reduced to the period already undergone by him. since no minimum limit of fine is there, therefore the fine imposed under section 20 (b) (ii) (b) of ndps act is reduced from `50,000/- to `25,000/- and under section 29 of ndps act from `25,000/- to `10,000/- respectively. the period of sentence in default of payment of.....
Tag this Judgment! Ask ChatGPT.....punishable under sections 392/3ipc. aggrieved by the said judgment and order on sentence, the appellant has preferred the instant appeal.2. briefly facts stated are that on receiving information vide dd no.58b, dated 29.05.2010 to the effect that three boys riding on motorcycle bearing no.dl-8s-ag-8054 had snatched money, mobile phone and ring near keshav puram police station. asi bhagwat singh along with ct. parvinder reached at the spot, where they met the complainant harsh chauhan in injured condition, crl.a.1382/2014 page 1 of 5 who was sent to bjrm hospital and was medically examined. they recorded the statement of complainant and case was registered being fir no.176/2010. during the course of investigation, the details of owner of motorcycle bearing no.dl-8s-ag-8054 were obtained and raid was conducted at house of the appellant- jitender, who was arrested on the identification of complainant. his personal search was conducted and during interrogation he got recovered one motorcycle bearing no.dl-8s-ag-8054, which was used in the commission of aforementioned crime. the appellant-jitender thereafter made disclosure statement, wherein he disclosed about involvement of other.....
Tag this Judgment! Ask ChatGPT.....order of 30th may, 2015, appellant has been sentenced to rigorous imprisonment for four years with fine of `5,000/- with default clause.2. the facts as culled out from impugned judgment are as under: - “complainant deepu bhardwaj who was examined as pw2 deposed that on 04.12.2013, it was his weekly off. he page 1 of 5 crl.a.1207/2015 had his cousin brijesh bhardwaj/ pw1 were going to seema puri to meet their uncle. at about 1.30-2.00 p.m., they got down at the monastry flyover from the bus and started walking towards isbt inquiring about the location. his cousin brijesh bhardwaj/pw1 took out his touch screen mobile phone make bq to see the time. in the meantime, they saw 5 boys coming towards them from the front side. the tall boy snatched the mobile phone from the hand of his cousin brijesh bhardwaj/pw1 and the other 4 boys caught hold of him and his cousin brother. when they raised an alarm, two boys caught hold of his cousin brother and the other 3 boys caught him and pushed him on the road. one of them removed his brown coloured wallet containing cash of rs.200/- election i card and other things and the black coloured wallet of his cousin containing rs.60/-, one.....
Tag this Judgment! Ask ChatGPT.....to say when we have directed that the union of india shall have a fresh look into the matter, it shall keep in view the law in praesenti and the factual position. all other issues and contentions are left open. rev.p. no.242/2017 in w.p.(c)no.7955/2015 page 14 of 75 with the aforesaid direction, the writ petition stands disposed of.” (ii) order dated 5th september, 2011 on cm no.13013/2011 in w.p.(c)no.1512/1984, indraprastha vishwa hindu perishad & ors. v. uoi & ors. (bench comprising chief justice and sanjiv khanna, jj.) : “cm no.13012/2011 this is an application for extension of time by the union of india. regard being had to the assertions made in the application, time is extended till end of october, 2011. after the order is complied, a copy of the order shall be supplied the petitioner. it is hereby made clear that no further extension shall be granted. the application is, accordingly, disposed of.” learned counsel for to the (iii) order dated 9th september, 2015 in cont.cas.no.519/2012, jamia arabia nizamia welfare v. tr prasad & ors. (bench comprising manmohan, j.): “ms. monika arora, learned standing counsel for respondent nos. 1 to 3 is permitted to file an.....
Tag this Judgment! Ask ChatGPT.....on sentence of 22nd december, 2015, he has been sentenced to rigorous imprisonment for ten years with fine of `50,000/- with default clause. the facts as noted in the impugned judgment are that on the statement of prosecutrix’s mother (pw-2), fir of this case was registered as she had disclosed to the police that on 26th february, 2011 page 1 of 6 crl.a.365/2016 on returning home at 10.00 p.m., she had seen that her daughter i.e. the prosecutrix, was lying unconscious in the house and her undergarment was soaked with her blood and she had immediately taken prosecutrix to the hospital, where upon regaining her senses, the prosecutrix had disclosed that in the evening of 26th february, 2011 when she was playing with her friends in the house of kavita, she was stopped by appellant- accused on the pretext of bringing some articles and appellant-accused had given her `10/- and had asked her to bring biscuits and on the pretext of showing her television, he had taken her inside the room, where he had forcibly removed her clothes and had raped her under the threat to kill her.2. apart from evidence of prosecutrix (pw-1), there is deposition of her mother (pw-2) and of the.....
Tag this Judgment! Ask ChatGPT.....and consequently sought quashing of the entire proceedings initiated as against the petitioners, in the interest of justice and equity. 2. brief facts of the case as averred by the petitioners in the petitions that, respondent/complainant filed o.s.no.490/1996 on the file of civil judge (jr.dn), dharwad for perpetual injunction against the defendant/ karnataka university dharwad praying thereby to restrain the defendants from causing any interference into the peaceful possession and enjoyment of the suit schedule property held by the plaintiff. the defendant/ karnataka university dharwad entered appearance in the said suit and filed written statement contending that government of bombay in 1947 acquired cts no.82/a-1 corresponding to r.s.no.2/b and 3/b of saptapur for karnataka college and had put karnataka college in its possession. later the government of bombay transferred the said acquired land to karnataka college and after reorganization of the states, the successive government of mysore, in 1958 transferred the karnataka college and its properties to karnataka university and since then the karnataka university is in possession and enjoyment of the suit property. it was.....
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