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
..... 3 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 imprisonment is for an offence relating to a matter to which executive power of union extends such as under ndps act. ..... according to the letter, dated 19.04.2012, the convicted prisoner was convicted for offences under section 8/21 of ndps act. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... whereby the order dated 24.3.2009 passed by the learned judicial magistrate, first class, padampur taking cognizance against the petitioner has been modified and whilst the order has been quashed for the offences under sections 467, 468 and 471 ipc but at the same time, the same has been affirmed for the ..... in this view of the matter, the courts below have committed no error in taking cognizance against the petitioner for the offence under section 420 ipc. ..... he submits that ex-facie none of the acts disclose the offence under section 420 ipc. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... upon the signatures being examined, if they are found to be those of the petitioner, then the trial court shall proceed to take cognizance against the petitioner for offence under section 420 ipc also. ..... upon the signatures being examined, if they are found to be those of the petitioner, then the trial court shall proceed to take cognizance against the petitioner for offence under section 420 ipc also. .....
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..... in pursuant to the judgment and order dated 14.7.2004, the petitioner is undergoing life term imprisonment being convicted for an offence punishable under section 302 ipc. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being influenced; and (viii) danger, of course ..... the first contention of the learned counsel for the petitioner in this case is that the proceedings for the offence under section 17b of the act cannot be continued against the petitioner because no complaint has been filed by ..... vehemently urges that as there is no complaint of the drug inspector and as no sanction to file the complaint has been procured, the proceedings against the accused for the offence under section 17 of the drugs and cosmetics act are absolutely illegal and an abuse of the process of the court. ..... he submitted that by virtue of section 32 of 5 the drugs and cosmetics act and the rajasthan drug rules, the cognizance of an offence under section 17(b) of the drugs and cosmetics act cannot be taken except upon a complaint filed by the authorised officer in this regard and as no complaint has been filed, the whole of ..... the bail the court has also to consider the gravity and nature of the offence, prima facie case against the accused, the position and standing of the accused, .....
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..... , of not surrendering in time, the petitioner was proceeded against for the offence under section 224 ipc in the court of addl. .....
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..... 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
..... (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. .....
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..... 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. .....
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