Rajasthan Court February 1991 Judgments
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Kailash Chandra and anr. Vs. State of Raj.
Court: Rajasthan
Decided on: Feb-06-1991
Reported in: 1992(1)WLC482; 1991WLN(UC)547
Farooq Hassan, J.1. Cr. Misc. Bail Application No. 98/91 filed by Kailash Chandra & Application No. 274/91 filed by Pannalal, both arise out of one FIR No. 207/90 registered at police station Dablana (District Bundi). Hence at the joint request of both the parties, these petitions are being disposed of by this common order.2. The contention on behalf of the petitioner was that time of the commission of the alleged rape, as per the prosecution version, the age of the prosecutrix was 12 years whereas the Doctor opined that the girl was above 18 years of age. The doctor has not given any positive report. Moreever, in the medical report, it has also been stated that the girl was in the habit of sexual intercourse. That apart, it is admitted position that no injury on the body or private part of the prosecutrix, nor any spermatozea has been found in the vaginal swab, as per medical examination of the prosecutrix. Learned Public Prosecutor could not controvert the above facts and circumstanc...
Bhanwar Singh Vs. Ajay Singh and ors.
Court: Rajasthan
Decided on: Feb-05-1991
Reported in: 1991(1)WLN505
B.R. Arora, J.1. This miscellaneous petition has been filed by the petitioner against the order dated December 6, 1989, passed by the Additional District Magistrate (City),Jodhpur.2. The Station House Officer, Police Station, Pratap Nagar, Jodhpur on March 4, 1989, filed a complaint in the Court of the Additional District Magistrate (City), Jodhpur, under Section 145 Cr. PC. The learned Executive Magistrate drew a preliminary order and issued notices to Party No. 1 Ajay Singh and Party No. 2 Bhanwar Singh. Ajay Singh produced his evidence, but the party No. 2 Bhanwar Singh did not produce any evidence and the learned Executive Magistgrate, after trial by his order dated December 6, 1989, considering the evidence produced by Ajay Singh and after looking to the record, came to the conclusion that Party No. 1 Ajay Singh was in the possession of the plot in question. The learned Magistrate, therefore, declared the possession of party No. 1 Ajay Singh over the plot in question on March 4, 1...
State of Raj. Vs. Jarman and ors.
Court: Rajasthan
Decided on: Feb-01-1991
Reported in: 1991(1)WLN125
Farooq Hasan, J.1. In Sess. Case No. 67/83, the Sessions Judge, Bharatpur, vide his judgment dated 31.10.83 acquitted the respondents, namely, Jarman, Nahney, Mani @ Mansingh, Girraj & Ramjit of the offences charged Under Sections 148, 307, & 307/149 IPC, for the incident alleged to have taken place on 26.7.81. Hence this appeal.2. In all nine witnesses were produced by the prosecution. The trial Court found the presence of the witnesses, namely, Mohan Singh, Mansukha, Ram Singh & Hari Singh, as dubious and doubtful inasmuch as it held that the witnesses named in the complaint all were having animus & enemical relations with the accused- respondents with long standing and they were interested and from their evidence, taking support will be fatal to the prosecution. Therefore, the evidence of the prosecution witnesses was held to be untrustworthy as a result of the effect of the incongruities and inconsistencies full of concoction. The trial Court held that the prosecution has suppresse...
Badrilal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-01-1991
Reported in: 1992(2)WLC256; 1991(1)WLN157
A.K. Mathur, J.1. Petitioner by this writ petition has prayed that the order of termination dated 4th November, 1989 (Anx. 2) may be quashed.2. Petitioner by this writ petition has prayed that the order of termination dated 4th November, 1989 (Anx. w) may be quashed.3. Petitioner was appointed as L.D.C. on daily wages by the order dated 13.6.1986. This appointment was given for 3 months and in pursuance thereof petitioner has joined on 16th June 1986. Thereafter by the order dated 12th December, 1986 petitioner was appointed in regular pay scale on the temporary basis till the selected candidate from the Rajasthan Public Service Commission is available whichever is earlier. On 4th November, 1989 petitioner's services were terminated on account of the selected candidates received from the R.P.S.C. The grievance of the petitioner is that the termination of the petitioner is in violation of Section 25F(a) and (b) and persons junior to the petitioners have been appointed.4. A reply has bee...
Shyamlal and Pritam Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-01-1991
Reported in: 1991(1)WLN124
Farooq Hasan, J.1. In Sess. case No. 67/83 the Sessions Judge, Bharatpur while acquitting the appellants Under Section 307 or 307/149, IPC, convicted them Under Sections 148, 324 & 325/149, IPC & sentenced to undergo 6 months RI with a fine of Rs.200/-, one year RI and one years RI with a fine of Rs.300/- respectively.2. Learned Counsel for the appellants contended that in the case at hand, challan against seven persons was filed but after trial, the trial Court found that only two person-present appellants actively participated in the incident and further found that the inflictors upon the injured persons were five or more than five but according to the injuries found on the persons of the accused persons & the version given out about the events of the incident, their presence at the place of incident in comparison to the prosecution version about the events & the place of incident cannot be deemed. Taking the aid of the aforesaid findings of the trial Court, learned Counsel for the a...
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