Court : Supreme Court of India
Dipak Misra, J.1. The present appeals are directed against the judgment of conviction and order of sentence dated 14.10.2011 passed by the learned Single Judge of the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 31 of 1999 whereby the appellate court has confirmed the judgment and order of conviction and sentence dated 1st of December, 1998 passed by the learned Additional Special Judge, Bhavnagar in Special Case No. 6 of 1994, wherein the learned Additional Special Judge had convicted the appellants for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (for brevity `the Act) and sentenced them to undergo rigorous imprisonment of six months with fine of Rs.5,000/- each, in default of payment of fine, to suffer simple imprisonment for a period of one month and further convicted them under Section 13(2) of the Act and sentenced them to undergo rigorous imprisonment for a period of one year with a fine of Rs.5,000/- each, in default, to suffer s...
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B.S. CHAUHAN; DIPAK MISRA, JJ.1. From the days of yore, every civilised society has developed various kinds of marriages to save the man from the tyranny of sex, for human nature in certain circumstances has the enormous potentiality of exhibiting intrigue, intricacy and complexity, in a way, a labyrinth. Instances do take place where a man becomes a slave to this tyrant and exposes unbridled appetite and lowers himself to an unimaginable extent for gratification of his carnal desire. The case at hand graphically exposes the inferior endowments of nature in the appellant who failed to husband his passion and made an attempt to commit rape on a nine year old girl and the tears of the child failed to have any impact on his emotion and even an iota of compassion did not surface as if it had been atrophied and eventually he pressed her neck which caused instant death of the nervous young girl.2. Presently, we shall proceed with the narration. The facts as unfolded by the prosecution, in br...
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G.S. Singhvi, J.1. Whether the Uttarakhand High Court could ordain promotion of respondent No.1 Umakant Joshi to the post of General Manager with effect from 16.11.1989, i.e., prior to formation of the State of Uttaranchal (now known as the State of Uttarakhand) with the direction that he shall be considered for promotion to the higher posts with effect from the dates persons junior to him were promoted is the question which arises for consideration in these appeals, one of which has been filed by the State of Uttarakhand and the Director of Industries, Dehradun and the other two have been filed by Sudhir Chandra Nautiyal (hereinafter described as, Appellant No.1) and Surendra Singh Rawat (hereinafter described as, Appellant No.2) respectively against order dated 4.6.2010 passed by the Division Bench of that High Court in Writ Petition No.324 of 2008.2. The service profile of Appellant No.1:2.1 On being selected by the Uttar Pradesh Public Service Commission (for short, the Commission)...
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Dr. B.S. CHAUHAN, J.1. This appeal has been preferred against the judgment and order dated 12.10.2011 passed by the High Court of Judicature at Rajasthan (Jaipur Bench) in S.B. Criminal Appeal No.726 of 2001, by which it has affirmed the judgment and order of the trial Court dated 7.9.2001 passed by the Special Judge (ACD Cases), Jaipur in Regular Special Criminal Case No.26 of 1995 (State of Rajasthan v. Mukut Bihari etc.) whereby the appellant Mukut Bihari stood convicted for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 (hereinafter called the Act 1988 ) and under Section 120B of Indian Penal Code, 1860 (hereinafter called IPC) and has been awarded the punishment of rigorous imprisonment for a period of 2 years for each count; whereas appellant Kalyan Mal has been convicted for the offences punishable under Section 13(1)(d) read with Section 13(2) of the Act 1988 and under Section 120B IPC and he has also been awa...
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B.S. CHAUHAN; DIPAK MISRA, JJ.1. The appellants, four in number, participated in a selection process conducted by the Second Field Ordnance Depot (2 FOD) in the year 1984 for the post of Lower Division Clerks (LDCs). Despite their selection for the post in question they were not issued appointment letters on the pretext that there was a ban on appointments. In December 1993, pursuant to the order passed in OA No. 29/jk/92 dated 24.8.1993 by the Chandigarh Bench of the Central Administrative tribunal (for short the Tribunal), respondent No. 4 was issued an appointment letter. The appellant Nos. 1 to 3 were given appointment in May, 1996 on the basis of the directions issued on 24.7.1995 by the High Court of Jammu and Kashmir in SWP No. 1052 of 1991.2. It is worth noting that Parveen Singh and others, whose names, had figured in the select list, being aggrieved due to non appointment, had preferred OA No. 539-HP of 1986 before the Chandigarh Bench of the tribunal which allowed the OA vid...
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1. These appeals have been preferred against the impugned judgment and order dated 25.3.2009 passed by the High Court of Delhi at New Delhi in Criminal Appeal No.53 of 2000, by which it has affirmed the judgment and order of the trial Court dated 7.12.1999 passed in Sessions Case No. 77/99, convicting the appellant under Section 376 of Indian Penal Code, 1860 (hereinafter called IPC) and awarded the punishment of rigorous imprisonment for a period of 7 years vide order dated 8.12.1999 and imposed a fine of Rs.2000/- .2. Facts and circumstances giving rise to this case are that:A. Smt. Indira PW.1 (prosecutrix) filed an FIR No.886/98 dated 16.9.1998 to the effect that when she was going from village Khirki to Chirag Delhi on that day at about 8 p.m., the appellant met her near Ganda Nala, he caught hold of her hand and dragged her towards the bushes on the edge of the road and committed rape on her. She could not raise the noise due to fear. After commission of the offence, the appellan...
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1. This appeal has been preferred against the impugned judgment and order dated 23.5.2006 passed by the High Court of Judicature at Allahabad in C.M.W.P. No.28535 of 2006 directing the appellants herein to reconsider application of respondent no.1 on compassionate grounds.2. Facts and circumstances giving rise to this appeal are that one Anand Kishore Gautam working as Senior Accountant in the office of the Accountant General, Allahabad died on 19.3.2001 in harness, leaving behind two sons aged about 20 and 19 years and a daughter, aged about 17 years and Smt. Rashmi Gautam his widow.3. Respondent No. 1 filed an application for appointment on compassionate grounds, which came to be rejected by the appellants on 28.1.2004 in view of the prevailing scheme for appointments on compassionate grounds. Under the scheme, vacancies could be filled up on compassionate grounds only upto 5% of the cadre strength falling under direct recruitment quota during a year in Group C ' and 'D ' posts.The s...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2012)6SCC589
Dr. B.S. CHAUHAN, J.1. This criminal appeal has been filed against the judgment and order dated 11.1.2007 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 146-DB of 1994, wherein the High Court has reversed the judgment and order of the Sessions Court in Session Case No. 44 of 1989 dated 3.8.1993, by which the appellant has been acquitted of the charges under Sections 304-B and 498-A of the Indian Penal Code, 1860 (hereinafter referred as `IPC).2. Facts and circumstances giving rise to this appeal are that:A. On 4.7.1989 at 8.00 p.m., Jiwan (PW.1) made a statement (Ext.PC) before the police at Rohtak Chowk, Kharkohda to the effect that his daughter Indro, aged about 21 years, was married to appellant Rohtash about one year back and in the said marriage he had given sufficient dowry according to his capacity. However, her husband and parents-in-law were not satisfied with the dowry. They always made taunts for not bringing sufficient dowry. His son-i...
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Dr. B.S. CHAUHAN, J.l. This Criminal Appeal has been preferred against the judgment and order dated 29.5.2006 in D.B. Criminal Appeal No. 96 of 2003 passed by the High Court of Judicature for Rajasthan at Jodhpur setting aside the judgment and order dated 15.1.2003 passed by the Additional Sessions Judge (Fast Track) Hanumangarh, convicting the respondent herein of the offences punishable under Section 302 of Indian Penal Code, 1860 (hereinafter referred as `IPC) and imposing the punishment to suffer rigorous imprisonment for life and to pay a fine of Rs. 500/- in default to further undergo one month simple imprisonment.2. Facts and circumstances giving rise to this appeal are that:A. Buta Singh (PW.15) lodged an oral report on 4.5.2001 at 1.00 a.m. at P.S. Hanumangarh, District Hanumangarh stating that on intervening night between 3/4.5.2001 at about 12.15 a.m., Jaswant Singh (PW.1) received a telephone call from Dr. Amarjeet Singh Chawla (PW.4) to the effect that Jaswant Singhs daugh...
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Reported in : AIR2012SC1979
Dr. B.S. CHAUHAN, J.l. This criminal appeal has been preferred against the judgment and order dated 23.3.2007 passed by the High Court of Allahabad in Government Appeal No. 1246 of 1999 by which the High Court has reversed the judgment of Additional District and Sessions Judge, Basti in Sessions Trial No. 312 of 1996 dated 2.2.1999 acquitting the appellant. Thus, the High Court has convicted the appellant for the offence punishable under Sections 302 and 376 of Indian Penal Code, 1860 (hereinafter called as IPC) and awarded him the life imprisonment for both the offences. However, both the sentences have been directed to run concurrently.2. Facts and circumstances giving rise to this appeal are that:A. One Smt. Batasi Devi (PW.2) lodged an FIR on 2.2.1996 in Haraiya Police Station alleging that her daughter Renu, aged 5-6 years, was found dead on her cot in Muradipur, the village of her maternal grandmother on 30.1.1996 at about 9.00 p.m. Initially, she had been told that her daughter ...
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