Court : Karnataka Dharwad
Decided on : Dec-20-2023
..... of a three judges' bench in the case of n. vijayakumar v. state of tamil nadu5, which follows the view taken in the cases of b. jayaraj1 and p. satyanarayana murthy2. in paragraph 9 of the decision in the case of b. jayaraj1, this court has dealt with the presumption under section 20 of the pc act. in paragraph 9 ..... . even on the basis of the preponderance of probability, the accused can rebut the presumption.15. in the case of n. vijayakumar5, another bench of three hon'ble judges dealt with the issue of presumption under section 20 and the degree of proof required to establish the offences punishable under section 7 and clauses (i) and (ii) 26 ..... aforesaid reasons, i pass the following: order (i) criminal petition is allowed. (ii) proceedings in special (svc) no.9 of 2021 pending before the principal district and sessions judge, gadag stand quashed qua the petitioner/accused no.1. 39 (iii) it is made clear that the observations made in the course of the order are only for the purpose .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-20-2023
..... (vide annexure-b) for offences under sec7a) and (b), 7a, 8, 9 and10of the prevention of corruption act, 1988 and consequently, all further proceedings thereto, pending on the file of the lxxxi addl. city civil and sessions judge and special court exclusively to deal with criminal cases related to elected mps/mlas in the state of karnataka at ..... a three judges' bench in the case of n. vijayakumar v. state of tamil nadu, which follows the view taken in the cases of b. jayaraj and p. satyanarayana murthy. in paragraph 9 of the decision in the case of b. jayaraj, this court has dealt with the presumption under section 20 of the pc act. in paragraph ..... whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. that is the function of the trial judge. judicial process, no doubt should not be an instrument of oppression, or, needless harassment. court should be circumspect and judicious in exercising discretion and should take .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-20-2023
..... of justice has occurred by reason of such error, omission or irregularity. sub-section (3), in other words, simply forbids interference with an order passed by the special judge in appeal, confirmation or revisional proceedings on the ground that the sanction is bad save and except, in cases where the appellate or revisional court finds that failure of ..... been committed. (3) notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974), 13 (a) no finding, sentence or order passed by a special judge shall be reversed or altered by a court in appeal, confirmation or revision on the ground of the absence of, or any error, omission or irregularity in, the sanction required ..... z a u u w z . (emphasis added) the government in terms of the afore-quoted order directed the lokayukta to conduct inquiry and submit a report in terms of section 7(2a) of the lokayukta act, 1984. the reason for directing an enquiry to be conducted is in the preamble. the preamble is that the c & a g .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-20-2023
..... the jurisdiction under article 226 of the constitution, it has been observed thus: when an appeal is preferred under section 4 of that act against an order of a single judge to a division bench, the jurisdiction which the latter exercises is also the very same jurisdiction under article 226 of the constitution. on this ..... to seek instructions whether regular departmental proceedings were taken in this matter or not.8. the documents which have been placed before us pertain to the preliminary inquiry made against the appellant 3 (2000)3 scc58832 in which the statement of certain persons who had seen the incident was recorded. the services of the appellant ..... the learned high court government pleader appearing for the state would seek to refute the submissions to contend that the petitioner was a temporary employee and no inquiry need be conducted against a temporary employee even if the petitioner has been terminated on account of allegation against her. he would contend that statement of .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-20-2023
..... proceedings in crime no.32/2023 registered for the offences punishable under sections 376, 506, 417 and 420 of the ipc, now pending before the ii additional civil judge and jmfc court, gadag.2. facts in brief, germane are as follows: the second respondent is the complainant and the petitioner is the sole accused. the ..... the fact that the biological parents being the petitioner and the complainant, the allegations by the complainant would stand to reason. if it were to be consensual acts, which have become nothing, it would have been a circumstances altogether different. it is therefore, the entire charge sheet material which was already filed before the concerned ..... position that emerges from the above cases, the consent of a woman with respect to section 375 must involve an active and reasoned deliberation towards the proposed act. to establish whether the consent was vitiated by a misconception of fact arising out of a promise to marry, two propositions must be established. the promise .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Dec-21-2023
..... evidence. also the age recorded by the jj board shall be deemed to be the true age of the person brought before it. thus, the standard of proof in an inquiry is different from that required in a proceeding where the determination and declaration of the age of a person has to be made on the basis of evidence scrutinised and ..... not conclusive proof of the age of juvenility and the same may be rebutted by contra evidence let in by the opposite side. 33.5. that the procedure of an inquiry by a court is not the same thing as declaring the age of the person as a juvenile sought before the jj board when the case is pending for trial ..... and due to the sexual intercourse the victim girl became pregnant, thereby committed offence punishable u/sec 376(3) of ipc and section 6 of pocso act?.3. what order?.5. the learned special judge answered the points in the affirmative, proceeded to convict the accused and sentenced him to undergo simple imprisonment for two years and to pay a fine of .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-21-2023
..... judgment of hon'ble apex court in hanuman govind naragundakar vs. state of madhya pradesh reported in 1952 (2) scc71equivalent air1952sc343delivered by the hon'ble apex court of three- judges bench.116. considering the effect of section 3(6) of the cr.pc, it was observed by hon'ble apex court that, while dealing with circumstantial evidence, the ..... not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused.17. a reference may be made to a later decision in sharad birdhichand sarda v. state of maharashtra. therein, while ..... d) of the indian penal code deals with `gang rape'. it states that `when a women is raped by one or more persons with constituting a group or acting in furtherance of common intention each of those persons shall be deemed to have been committed the rape and shall be sentenced with rigorous imprisonment for term which must not .....
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