Court : Rajasthan
Decided on : Jan-30-1997
Reported in : 1997CriLJ1825
..... the offence.25. a reading of the above provision clearly indicates that if proceedings in respect of a child were pending in any court and the provisions of act have been made applicable, concerned court could record finding and instead of passing any sentence, forward the child to the children court which is empowered to pass ..... the statement of the accused, it has to be found that accused gobind singh was below 16 years of age when the offence was committed.21. rajasthan children act, 1970 was made applicable in ganganagar district vide notification dated 10-11-81 and a children court was established at bikaner having jurisdiction over the revenue districts of ..... and the part of the statements of the witnesses should be believed which finds corroboration in other evidence. he, however, agreed that the provisions of the children act had become applicable in the district of ganganagar before the decision of this case.6. we have given the matter our thoughtful consideration.7. in the fir, .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-30-1997
Reported in : 1997CriLJ2170
..... and food articles conforms with and approves of legislative will of imposing the mandatory minimum punishment as provided in section 16(1) on the offenders under the act and withholding the benefit of probationary measure save to the extent mentioned in section 20a from them.25. the place of activity of the petitioner of ..... phraseology of section 20(1) refers to two distinct powers of the central govt. or the state govt. in the matter of launching prosecutions under the act. the expression 'with the written consent of indicates express and specific authorization by the central government or the state government to consent to the launching of prosecution ..... public analyst to compare the seal on the container of sample with the specimen seal separately redundant and non- functional. an interpretation of a provision in the act and/or rules which causes avoidable hardship in the functioning of other relevant provisions and is likely to render them, redundant and nugatory has to be avoided. .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-31-1997
Reported in : 1997CriLJ1778
..... shishodia then referred to the site plan and submitted that the facts found at the site eloquently proved that it was not a mere accident but very cold and calculated act to commit the murder of munir khan. the accused was aware that munir khan normally goes from that way daily. he, therefore, knew that the accused would pass ..... the occurrence to other persons because when riazuddin told what he had witnessed, his elder brothers advised him not to open his mouth in order to avoid unnecessary trouble. acting on the advice of his brothers, he did not tell about this accident to others.20. the learned counsel has also submitted that it had been proved beyond all ..... was the driver of the truck at the relevant time and since the accused did not furnish any information in this regard, inference warranted by section 106 of the evidence act was drawn against the accused. in this respect, the learned addl. sessions judge also relied on the statement of p.w. 5 mangilal. however, he rejected the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-31-1997
Reported in : 1997CriLJ3095; 1998(1)WLC575; 1997(1)WLN367
..... the landlord and getting the same utilized also in raising the divider wall and the window closed. what more did she expect of the police personnel? the police officers had acted and behaved as good law enforcement officers in this case. they were repeatedly troubled by the petitioner in a matter of civil nature and even then they tried to help ..... be sent to him. the dy. s.p. instructed the sho to get the needful done within three days. the sho had directed his s.i. narain singh to act accordingly (annexure-5). the receipt dated 28-9-94 evidences that the tenant-informant had paid rs. 10,000/- towards rent payment of her liability to the mediator sri bundoo ..... 504, ipc was registered against them at p.s. jalupura on 28-6-94. it was further alleged that fazlur rehman and his men again repeated the same types of acts and crime no. 266/94 under section 397, ipc was registered against them at the same police station. regarding the occurrence alleged to have taken place in respect of crime .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-03-1997
Reported in : 1997CriLJ2355
..... -side to wreak vengeance on them since other criminal cases including murder cases were also pending between the parties. as a result, presently, the accused-petitioners to whom no overt act is alleged by the prosecution and only the presence is shown at the place of occurrence whereat ram prakash alone is alleged to have fired a single shot at the ..... assembly formed with any common object to kill either ram chandra or his associates to death and, therefore, presently, even after investigation itself it is apparent that it was an act of single person who fired a single shot from a fire-arm and, as is his contention, though ram rakh being armed with a fire-arm, is alleged to have .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-03-1997
Reported in : 1997CriLJ1777; 1997(2)WLC642; 1997(1)WLN430
ORDERRajendra Saxena, J.1. Notice was given to learned P.P. who has accepted the same.2. Heard. Perused the relevant record. A perusal of certified copy of the order of the trial Court dt. 10-7-95 indicates that the police submitted the challan against the accused petitioners for the offences under Sections 447, 323 and & 341/ 34, IPC. On 4-9-95 the learned trial Magistrate took cognizance against the petitioner for the said offences. On 20-11-95 and 17-7-96 the Presiding Officer was on leave. On 26-11 -96 an application for dropping the proceedings against them was filed by the petitioners in view of the directions-given by the Apex Court in Common Cause,' A Registered Society v. Union of India, 1996 Cri LR (SC) 430 : (1996 Cri. LJ 2380). On that day, the learned, A.P.P. and counsel for the, complainant prayed for short adjournment for filing the reply. On the next date a reply was filed. On 16-1 -97 the learned trial Magistrate after hearing the parties by impugned order judgment rej...
Tag this Judgment!Court : Rajasthan
Decided on : Feb-03-1997
Reported in : 1997CriLJ1430; 1997WLC(Raj)UC644
..... and resistance which could have automatically, if it is believed, attracted presence of the neighbouring witnesses. this could not have afforded enough time to the accused to have accomplished the act of commission of sexual intercourse with smt. gutki before the witnesses reached the place of occurrence. smt. gutki also did not try to catch hold of and snatching 'dhoti' ..... in ex. d. 3 police statement previously that he heard the cries from a distance of 30 paces which enabled him to reach the place of occurrence to witness the acts so committed by the accused with smt. gutki. he previously stated that smt. gutki was left at a distance of about 10 paces from her house and he returned ..... 447, i.p.c. as regards offence punishable under section 447, i.p.c, there is not an iota of evidence showing that the alleged place whereat the alleged act of commission of sexual intercourse amounting to rape was committed, was a part of the field of gheesa ram. on the other hand p.w. 9 ram gopal who .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-14-1997
Reported in : 1997CriLJ2419
..... . hence the statements of these witnesses who derived the material knowledge about the event from bhanwari immediately after the occurrence are relevant under section 6 of the evidence act as forming parts of the res gestae. hence we hold the statements of these witnesses admissible for proving the above incident. the testimony of the witnesses aforesaid, ..... to the questions asked. he further submitted that the testimony of a child witness is to be accepted with great care and caution and should not have been acted upon unless it was corroborated by some other evidence. a child witness is always vulnerable to tutoring and coaching and when he happens to be very interested ..... of kassia along with wooden portion of it was held to be proved which was made in pursuance of the information furnished by the accused under section 27 evidence act. the report of the forensic science laboratory ex. p.20 also corroborated the prosecution case. he, however, did not find the offence under section 447, ipc .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-27-1997
Reported in : 1997CriLJ2143
..... sections 323 and 325, i.p.c. is set aside. consequently, the order of release of accused-appellant under the provisions of section 4(1) of the probation of offenders act as well as awarding compensation, as above, is also set aside. the accused-appellant stands acquitted of the offences punishable under sections 325 and 323, i.p.c. the amount ..... 's case (1995 cri lj 3952) (raj) (supra), the learned trial judge was within her competence to have awarded compensation under section 5(1)(a) of the probation of offenders act, 1958 but, the same could only have been realized as per the provisions of sections 421 and 422, cr. p.c. and not as a fine imposed in addition to ..... of commission of offences under sections 323 and 325, i.p.c and, consequently, he was extended benefit of the provisions of section 4(1) of the probation of offenders act and so he was released on probation of good conduct for a period of one year on his furnishing a personal bond in the sum of rs. 1000/- along with .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-28-1997
Reported in : 1998CriLJ134
..... stands proved against both of them.8. it is true that since the learned additional sessions judge had recorded no evidence, as defined in section 3 of the evidence act, so as to act under section 319, cr. p.c. against such other persons who were not accused in the case, the summoning of smt. kaushlya devi appellant as one of the .....
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