Court : Rajasthan Jodhpur
..... public prosecutor submitted that the learned trial court fell in error in acquitting the accused-respondent from the offences charged inasmuch as, there is ample evidence available on record, which proves the charges against the accused beyond ..... forwarded by the learned magistrate to the police station, sayara, for investigation whereupon, on 19.6.12, an fir being no.120/12, was registered against the accused for offences under sections 376, 341, 323 ipc and investigation commenced.5. ..... the trial court framed the charges for the offences under sections 376, 342, 323, 506 ipc, which were read over and explained ..... to appeal no.257/15) 3 acquitted the accused-respondent of the charges for offences under sections 376, 342, 323, 506 ipc. ..... police filed charge sheet against the accused-babla for offences under sections 376, 342, 323, 506 ipc.6 ..... , aggrieved by the judgment and order dated 19.5.15 passed by the additional sessions judge (women atrocities cases), udaipur, in sessions case no.21/13 (cis no.687/14), acquitting the accused-respondent of the charges for the offences under sections 376, 342, 323, 506 ipc .3. ..... deposition of the prosecutrix (p.w.4), she was not forcibly taken away by the accused-babla to the forest rather, she followed him voluntarily. ..... consideration of the evidence on record, the finding arrived at by the trial court that it is not proved beyond reasonable doubt that the prosecutrix was below 16 years of age at the time of commission of offence, cannot be faulted with.12. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... (4)where, the allegations in the fir do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a magistrate as contemplated under sec ..... the further allegation that she was being harassed for demand of dowry right since her marriage and, thereby, the accused committed the offences under sections 498a and 323 ipc are also malicious. ..... (3)where the uncontroverted allegations made in the fir or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. ..... taking the stand that a bare perusal of the complaint discloses commission of alleged offences and, therefore, it is not a case which needed to be allowed. ..... down therein are as follows : (1)where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. ..... mahila thana, district jodhpur, for the offences under sections 498a and 323 ipc, at the instance of the respondent no.2 ..... the complaint was filed on 6/2/2000 alleging commission of offence punishable under sec. ..... (12) a cognizable offence, justifying an investigation by police officers under sec ..... after more than one month of the application for divorce, the complainant has lodged the impugned fir involving the petitioners for the aforesaid offences. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... here, in this case while following the procedure laid down in the rules the petitioner was placed under suspension when prosecution sanction was granted by the competent authority for the alleged offence committed by the petitioner under the prevention of corruption act, therefore, the jurisdiction exercised by the competent authority under rule 13 of the rajasthan civil services (cca) rules, 1958 is not in contravention of any 7 provisions ..... hearing as a matter of right nor he is required to be heard by the sanctioning authority because the competent authority is required to examine the entire investigation to ascertain the fact whether alleged offence is committed by the public servant during discharge of duties or not, therefore, the grounds raised by the petitioner in this writ petition are totally unfounded and deserves to be ignored. ..... where the allegations in the first information report and other materials, if any, accompanying the fir do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview ..... that time is that the necessary facts collected during investigation constituting the offence have to be placed before the sanctioning authority and it has to ..... (4) where, the allegations in the fir do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a magistrate as .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... otherwise also, the special acjm (pcpndt act cases), after taking into consideration the entire material available on record has ordered for framing of charges against the petitioners for the offence punishable under section 3(1) and 23 (1) of the pcpndt act and after going through the material available on record, this court 38 if of the opinion that sufficient evidence is available on record to frame aforementioned charges against ..... it is contended that as per section 473 crpc, the trial court has every power to extend the period of limitation and can take the cognizance of 24 offence after the expiry of limitation if it is satisfied on the facts and cricumstances of the case, the delay has been properly explained or that it is necessary to do so in the interest ..... those specified in sub- section (2) of section 4, he shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend 27 to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees. ..... as under: (iv) deficiency or inaccuracy in filling form f prescribed under rule 9 of the rules made under the pndt act, being a deficiency or inaccuracy in keeping record in the prescribed manner, it is not a procedural lapse but an independent offence amounting to contravention of the provisions of section 5 or 6 of the pndt act and has to be treated and tried accordingly. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... otherwise also, the special acjm (pcpndt act cases), after taking into consideration the entire material available on record has ordered for framing of charges against the petitioners for the offence punishable under section 3(1) and 23 (1) of the pcpndt act and after going through the material available on record, this court 38 if of the opinion that sufficient evidence is available on record to frame aforementioned charges against ..... it is contended that as per section 473 crpc, the trial court has every power to extend the period of limitation and can take the cognizance of 24 offence after the expiry of limitation if it is satisfied on the facts and cricumstances of the case, the delay has been properly explained or that it is necessary to do so in the interest ..... those specified in sub- section (2) of section 4, he shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend 27 to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees. ..... as under: (iv) deficiency or inaccuracy in filling form f prescribed under rule 9 of the rules made under the pndt act, being a deficiency or inaccuracy in keeping record in the prescribed manner, it is not a procedural lapse but an independent offence amounting to contravention of the provisions of section 5 or 6 of the pndt act and has to be treated and tried accordingly. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... otherwise also, the special acjm (pcpndt act cases), after taking into consideration the entire material available on record has ordered for framing of charges against the petitioners for the offence punishable under section 3(1) and 23 (1) of the pcpndt act and after going through the material available on record, this court 38 if of the opinion that sufficient evidence is available on record to frame aforementioned charges against ..... it is contended that as per section 473 crpc, the trial court has every power to extend the period of limitation and can take the cognizance of 24 offence after the expiry of limitation if it is satisfied on the facts and cricumstances of the case, the delay has been properly explained or that it is necessary to do so in the interest ..... those specified in sub- section (2) of section 4, he shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend 27 to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees. ..... as under: (iv) deficiency or inaccuracy in filling form f prescribed under rule 9 of the rules made under the pndt act, being a deficiency or inaccuracy in keeping record in the prescribed manner, it is not a procedural lapse but an independent offence amounting to contravention of the provisions of section 5 or 6 of the pndt act and has to be treated and tried accordingly. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... otherwise also, the special acjm (pcpndt act cases), after taking into consideration the entire material available on record has ordered for framing of charges against the petitioners for the offence punishable under section 3(1) and 23 (1) of the pcpndt act and after going through the material available on record, this court 38 if of the opinion that sufficient evidence is available on record to frame aforementioned charges against ..... it is contended that as per section 473 crpc, the trial court has every power to extend the period of limitation and can take the cognizance of 24 offence after the expiry of limitation if it is satisfied on the facts and cricumstances of the case, the delay has been properly explained or that it is necessary to do so in the interest ..... those specified in sub- section (2) of section 4, he shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend 27 to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees. ..... as under: (iv) deficiency or inaccuracy in filling form f prescribed under rule 9 of the rules made under the pndt act, being a deficiency or inaccuracy in keeping record in the prescribed manner, it is not a procedural lapse but an independent offence amounting to contravention of the provisions of section 5 or 6 of the pndt act and has to be treated and tried accordingly. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... otherwise also, the special acjm (pcpndt act cases), after taking into consideration the entire material available on record has ordered for framing of charges against the petitioners for the offence punishable under section 3(1) and 23 (1) of the pcpndt act and after going through the material available on record, this court 38 if of the opinion that sufficient evidence is available on record to frame aforementioned charges against ..... it is contended that as per section 473 crpc, the trial court has every power to extend the period of limitation and can take the cognizance of 24 offence after the expiry of limitation if it is satisfied on the facts and cricumstances of the case, the delay has been properly explained or that it is necessary to do so in the interest ..... those specified in sub- section (2) of section 4, he shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend 27 to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees. ..... as under: (iv) deficiency or inaccuracy in filling form f prescribed under rule 9 of the rules made under the pndt act, being a deficiency or inaccuracy in keeping record in the prescribed manner, it is not a procedural lapse but an independent offence amounting to contravention of the provisions of section 5 or 6 of the pndt act and has to be treated and tried accordingly. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... otherwise also, the special acjm (pcpndt act cases), after taking into consideration the entire material available on record has ordered for framing of charges against the petitioners for the offence punishable under section 3(1) and 23 (1) of the pcpndt act and after going through the material available on record, this court 38 if of the opinion that sufficient evidence is available on record to frame aforementioned charges against ..... it is contended that as per section 473 crpc, the trial court has every power to extend the period of limitation and can take the cognizance of 24 offence after the expiry of limitation if it is satisfied on the facts and cricumstances of the case, the delay has been properly explained or that it is necessary to do so in the interest ..... those specified in sub- section (2) of section 4, he shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend 27 to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees. ..... as under: (iv) deficiency or inaccuracy in filling form f prescribed under rule 9 of the rules made under the pndt act, being a deficiency or inaccuracy in keeping record in the prescribed manner, it is not a procedural lapse but an independent offence amounting to contravention of the provisions of section 5 or 6 of the pndt act and has to be treated and tried accordingly. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... otherwise also, the special acjm (pcpndt act cases), after taking into consideration the entire material available on record has ordered for framing of charges against the petitioners for the offence punishable under section 3(1) and 23 (1) of the pcpndt act and after going through the material available on record, this court 38 if of the opinion that sufficient evidence is available on record to frame aforementioned charges against ..... it is contended that as per section 473 crpc, the trial court has every power to extend the period of limitation and can take the cognizance of 24 offence after the expiry of limitation if it is satisfied on the facts and cricumstances of the case, the delay has been properly explained or that it is necessary to do so in the interest ..... those specified in sub- section (2) of section 4, he shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend 27 to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees. ..... as under: (iv) deficiency or inaccuracy in filling form f prescribed under rule 9 of the rules made under the pndt act, being a deficiency or inaccuracy in keeping record in the prescribed manner, it is not a procedural lapse but an independent offence amounting to contravention of the provisions of section 5 or 6 of the pndt act and has to be treated and tried accordingly. .....
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