Court : Rajasthan Jodhpur
..... castigating the respondent and his family members for serious offences under section 498a and 406 ipc without any rhyme and reason, is a conduct which clearly depicts that the appellant was not in a conciliatory mood, rather she was interested in perpetuating the acrimony and ..... for the offence of desertion, so far as the deserting spouse is concerned, two essential conditions must be there, (1) the factum of separation, and (2) the intention of bring cohabitation perma- nently to an end (animus deserendi). ..... the offence of desertion commences when the fact of separation and the animus deserendi co-exist. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... , of not surrendering in time, the petitioner was proceeded against for the offence under section 224 ipc in the court of addl. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... answer the rajasthan prisoners release on parole rules, 1958 are not applicable in the cases where conviction is under ndps act and also where convict is sentenced to imprisonment for an offence against any law relating to a matter to which the executive power of the union extends and such cases have to be dealt with in accordance with the rules of 1955 framed by the central government, ministry of home affairs ..... (1) (1) whether the rajasthan prisoners release on parole rules, 1958 are applicable in the cases where sentence of 3 imprisonment is for an offence relating to a matter to which executive power of union extends such as under ndps act. ..... according to letter dated 12.04.2012, the petitioner was convicted for offences of ndps act. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... in such circumstance we are of the view that the offence committed by the accused-appellants is the offence punishable under section 304 part-i read with section 34 i.p.c. ..... the accused-appellants are held guilty for commission of the offence punishable under section 304 part-i read with section 34 i.p.c. ..... on 9.1.2007 after hearing learned counsel for the accused-appellants charges for commission of offence punishable under sections 341, 323 and 302/34 i.p.c. ..... ) this appeal is directed against the judgment dated 13.8.2007 passed by learned additional sessions judge (fast track), parbatsar recording conviction of the accused-appellants for the offence punishable under sections 341, 302/34 and 323/34 i.p.c. ..... the conviction of accused-appellants recorded for commission of the offence punishable under section 302/34 i.p.c. ..... and not an offence punishable under section 302/34 i.p.c. ..... precisely the question deserves adjudication in this appeal is regarding the definite involvement of accused persons in the crime in question and if they were indulged in the crime, then the offences committed by them. ..... the conviction recorded and sentence awarded to the accused persons for other offences is affirmed. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the accused being a cab driver hatched a conspiracy with another to abduct her and take her to a secluded spot where they committed heinous offence of gang rape and thereafter murdered her by means of strangulation with her own 'odhani', slashing her wrist with a blade and smashing her ..... court referred to the two judgments as rendered in bachan singh (supra) and macchi singh (supra) and culled out what would be deemed as aggravating circumstances and mitigating circumstances: aggravating circumstances : (1) the offences relating to the commission of heinous crimes like murder, rape, armed dacoity, kidnapping etc. ..... judge,protection of children from sexual offences act cases, rajsamand, after hearing the counsel for the parties and going through the evidence, came to the conclusion that the appellant manoj pratap singh was guilty of committing offences under sections 363, 365, 376(f ) and section 320, indian penal code read with section 6 of the protection of children from sexual offence act, 2012 and awarded capital punishment ..... mitigating circumstances : (1) the manner and circumstances in and under which the offence was committed, for example, extreme mental 18 or emotional disturbance or extreme provocation in contradistinction to all ..... it was also held that if the court finds that the offence is of an exceptionally depraved and heinous character and constitutes, on account of its design and the manner of its execution, a source of grave danger to the society at large, the court .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the accused being a cab driver hatched a conspiracy with another to abduct her and take her to a secluded spot where they committed heinous offence of gang rape and thereafter murdered her by means of strangulation with her own 'odhani', slashing her wrist with a blade and smashing her ..... court referred to the two judgments as rendered in bachan singh (supra) and macchi singh (supra) and culled out what would be deemed as aggravating circumstances and mitigating circumstances: aggravating circumstances : (1) the offences relating to the commission of heinous crimes like murder, rape, armed dacoity, kidnapping etc. ..... judge,protection of children from sexual offences act cases, rajsamand, after hearing the counsel for the parties and going through the evidence, came to the conclusion that the appellant manoj pratap singh was guilty of committing offences under sections 363, 365, 376(f ) and section 320, indian penal code read with section 6 of the protection of children from sexual offence act, 2012 and awarded capital punishment ..... mitigating circumstances : (1) the manner and circumstances in and under which the offence was committed, for example, extreme mental 18 or emotional disturbance or extreme provocation in contradistinction to all ..... it was also held that if the court finds that the offence is of an exceptionally depraved and heinous character and constitutes, on account of its design and the manner of its execution, a source of grave danger to the society at large, the court .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... no.122/2013 was registered against the accused respondents facing trial in this case on 21.8.2013 for the offences under sections 342, 376(2) (f), 376d, 354a, 370(4), 506, 509/34, 109 and 120-b i.p.c. ..... the trial court took cognizance of the offences against the accused on 27.11.2013. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... no.122/2013 was registered against the accused respondents facing trial in this case on 21.8.2013 for the offences under sections 342, 376(2) (f), 376d, 354a, 370(4), 506, 509/34, 109 and 120-b i.p.c. ..... the trial court took cognizance of the offences against the accused on 27.11.2013. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... firstly, it is submitted that the agreement to sell is not a valuable security and thus, the offence under section 467 ipc cannot prima-facie be applied to the admitted facts of the case. ..... the order dated 8.2.2011 passed by learned additional chief judicial magistrate, sojat in criminal case no.461/2005 has been modified and the charges framed against the petitioner have been altered from the offences under sections 418, 419 and 420 r/w 34 ipc to the offences under sections 120b, 447 and 467 r/w 109 ipc. ..... at this stage, the finding of the revisional court regarding the offences under sections 120b, 447 and 467 r/w 109 ipc being made out against the accused persons, cannot be said to be without jurisdiction, perverse or illegal ..... by the petitioner has directed alteration of the charges framed by the learned trial court and has directed the learned trial court to frame charges against the petitioner and two other accused for the offences under sections 120b, 447 and 467 r/w 109 ipc. ..... learned magistrate after hearing the charge arguments, proceeded to frame charges against the petitioner and the two co-accused for the offences under sections 418, 419 and 420 r/w 34 ipc. ..... the bonafide belief that they are the genuine owners of the property in question and thus, no prima-facie case is made out for framing charges against the petitioner for the above mentioned offences as he is a bonafide purchaser of the property. ..... (3) petitioner suresh for offences under sections 418, 419 and 420 r/w 34 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... in the court of the additional chief judicial magistrate, kanore, district udaipur and against the order dated 27.7.2001 passed by the learned trial court whereby cognizance was taken against the petitioner for the offence under section 7 (1) read with section 16 (1) (a) and (i) of the prevention of food adulteration act, 1954 (for short, the p.f.a. ..... the food inspector thus proceeded to file a complaint against the petitioner for the offence under section 7 (ii) read with section 16 (a) (i) of the act in the court of a.c.j.m. ..... - (1) no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. ..... the criminal law, which increases the rigour of punishment or creates a new offence, can never be retrospective. ..... the learned magistrate took cognizance against the petitioner for the aforesaid offence by order dated 27.76.2001. ..... article 20(2) of the constitution of india provides that no person shall be convicted of any offence except for the violation of law in force at the time of commission of the act charged as an offence. ..... article 20(2) of the constitution of india reads as under:- (2) protection in respect of conviction for offences. .....
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