Court : Rajasthan
Reported in : RLW2005(2)Raj1385; 2005(4)WLC163
..... is under 16 years of age. section 376 ipc is the punishing provision for offence of rape. sections 375 and 376 ipc have been substantially amended by the criminal law (amendment) act, 1983. by the said act, new sections viz; sections 376a, 376b, 376c and 376d ipc have been introduced. section 376a punishes sexual intercourse with wife without her consent ..... of the entire case and not in isolation'.camera trial :16. for upholding decency and dignity of the womanhood the criminal law (amendment) act, 1983 had added sub-sections (2) & (3) in section 327 of the code of criminal procedure providing camera trial for such cases. sub-section (2) casts a duty on the court to conduct the ..... the defence lawyer in his endeavour to elicit a case of consent hackle and humiliate the woman in the cross examination. thus, an amendment has been brought in section 114a evidence act which provides for the presumption as to the absence of consent in cases of custodial rape, rape on pregnant woman and gang rape as .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj221
..... 2, dated december 3, 1965 introducing the bill to amend the criminal law amendment act, 1952). an ordinance was issued on 30th june, 1966 called the criminal law amendment ordinance (no. 7 of 1966) wherein certain provisions were made for the aforesaid purpose. this ordinance later on became the criminal law amendment (amending) act, 1966 (act no. 22 of 1966) dated 3rd december, 1966.in ..... by the provisions of rules 3 and 4. the supreme court answered the question as already noticed in the negative. to eliminate this difficulty the criminal law amending act, 1966 came into being.section 5 makes provision regarding pending eases and the crucial date is 30th day of june, 1966. the concrete question, ..... e.g. barsay v. state, air 1958 bom 354, held that the provisions of section 549 of the code of criminal procedure did not apply to special judges appointed under the criminal law amendment act, because they were not magistrates.the matter went up to the supreme court and in e.g. barsay v. state .....
Tag this Judgment!Court : Rajasthan
Reported in : 1957CriLJ96
..... to try the accused for the offences with which he was charged and what is more, no other person save a special judge appointed under the criminal law amendment act would have had or have jurisdiction to try him for such offences. 14. in this view of the matter, i do not consider it necessary ..... . 13. having regard to the discussion made above, i have come to a firm conclusion that there is no substance in the contention that section 6, criminal law amendment act is discriminatory and offends against article 14 of the constitution, and, consequently, i overrule this contention. it follows as a necessary consequence that the special judge ..... i may also refer in this connection to the notification dated 26-8-1952, issued by the state government regarding the appointment of special judges under the criminal law amendment act. it reads as follows--:'the government of rajasthan is pleased toappoint all sessions judges and additional sessions judge in rajasthan by virtue of their office to .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ2439
..... the maintenance and equitable distribution and supply of essential commodities to the consumer community. though several orders issued by some of the state govts. under section 3 of the act and the criminal law amendment act, 1932 provided for summary trials for offences covered by such orders yet it was felt that the improvement over such procedure in order to make the trial of offences ..... order the contravention of which may be tried in a summary way by a special judge. the act of 1964 had inserted a new section 8 a in the criminal law amendment act, 1952, empowereing the special judge, trying an offence, specified under section 6( 1) of the criminal law amendment act, 1952, alleged to have been committed by a public servant in relation to the offence, covered by .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj184; 1958CriLJ971
..... court of special judge, jaipur, and that the government notification in this behalf supersedes the jurisdiction of other special judges elsewhere.5. section 6 of the criminal law amendment act, 1952, (act xlvi of 1952) authorised the state government by notification in the official gazette, to appoint as many special judges as may be necessary for such area ..... in clause (a).6. the first notification is dated 26th august 1952, and is as follows :'in exercise of the powers conferred by section 6 of the criminal law amendment act, 1952 (no. xlvi of 1952), the government of rajasthan is pleased to appoint all the sessions judges and additional sessions judges in rajasthan, in virtue of their ..... . the second notification is dated 18th november 1955, and is as follows :'in exercise of the powers conferred by section 6 of the criminal law (amendment) act, 1952 (central act xlvi of 1952) and in partial modification no. f. 2 (9) jud./52 dated the 26th august 1952, the government of rajasthan is .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj1976; 2006(4)WLC240
..... pal mittal v. state of punjab : 1978crilj189 .22. coming to the offence of 'criminal conspiracy' we notice that section 120a and 120b were introduced by criminal law amendment act 1913. section 120a defines criminal conspiracy thus:section 120a. definition of criminal conspiracy:-when two or more persons agree to do, or cause to be done-(1) and ..... illegal act, or (2) and act, which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:provided ..... necessary implication. in nazir khan v. state of delhi (supra) the supreme court propounded that offence of criminal conspiracy is made under the illustration appended to section 10 of the indian evidence act, 1872 and even if all the conspirators are ignorant of all the decisions and are strangers, that is .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006CriLJ2477; 2006(1)WLC563
..... the commission thereof.(2) this section applies to--(a) any offence triable exclusively by the court of session or by the court of special judge appointed under the criminal law amendment act, 1952 (46 of 1952)(b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence.(3) every magistrate who tenders ..... offence is triable exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate:(ii) to a court of special judge appointed under the criminal law amendment act, 1952 (46 of 1952), if the offence is triable exclusively by that court:(b) in any other case, make over the case to the chief judicial ..... the outcome of an offence, or when one is involved in the planning. the latter would reflect either a criminal conspiracy or an abetment. physical, when in a crime consisting of a series of acts, one, or more acts are committed by the person. one is said to be 'privy to the offence' when one has secret knowledge .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2005)DMC799; RLW2005(3)Raj1565; 2005(1)WLC20
..... could not take care of by this soft statute the penal code was amended first by inserting chapter xxa (containing only 498a) in it, by the criminal law (second amendment) act, 1983 and then by insertion of section 304b. by the dowry prohibition (amendment) act, 1986. section 498a i.p.c. seeks to protect a married woman ..... from being subjected to cruelty by her husband or his relatives. section 304b is aimed at those who indulge in dowry death. to give teeth to these provisions section 113a was inserted in the evidence act ..... and submitted a report. the committee arrived at the conclusion that the appellant hira ram is a person of criminal back ground and he used to tease his both the daughter-in-law. according to their report either the appellant committed the murder of buli or she committed suicide being tired of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN605
..... including that area. in support of his above contention, the leraned counsel invited my attention to sub-section (2) or 87 of the criminal law (amendment) act, 1952, hereinafter referred to as the act, and relied upon an authority of the mysore high court ananthashya nacharya dambal v. state of mysore 1964 crlj 486. the leraned counsel further ..... in this behalf is dated 26th february, 1958. it reads as under:in pursuance of section 6 of the criminal law (amendment) act, 1952, (central act no. xlvi of 1952) read with section 7(2) of the said act and in supersession of previous notifications in this behalf, the state government hereby--(i) appoints the sessions judges additional ..... notification issued in this behalf is dated 26th august, 1952 and it reads as below:in exercise of the powers conferred by section 6 of the criminal law amendment act, 1952 (no. xlvi of 1952), the government of rajasthan is pleased to appoint all the sessions judges and additional sessions judges in rajasthan in .....
Tag this Judgment!Court : Rajasthan
Reported in : 1983CriLJ858; 1982()WLN60
..... there were more than one special judges in jaipur and unless the state government would have specified under sub-section (2) of section 7 of the criminal law amendment act, 1952 (act no. xli of 1952) (for short the act hereafter), as to which of them will try the case the special judge was not authorised to try the case as such the trial of the ..... crime has been rightly disbelieved by the special judge. it is also contended by him that special judge, was not specified under sub-section (2) of section 7 of the criminal law amendment act, 1952 to be the judge to try the case and there being more than one special judge, for the area of jaipur city at the relevant time, the trial by ..... the manbhum district. on an application by the accused the high court transferred the case to the court of munsif magistrate, patna. subsequent to the order of transfer the criminal law amendment act, 1952 came into force. the case thereafter was forwarded to the special judge, at patna in view of section 10 of the .....
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