Court : Rajasthan
Decided on : Jun-01-2005
Reported in : RLW2005(2)Raj1385; 2005(4)WLC163
..... and not in isolation'.camera trial :16. for upholding decency and dignity of the womanhood the criminal law (amendment) act, 1983 had added sub-sections (2) & (3) in section 327 of the code of criminal procedure providing camera trial for such cases. sub-section (2) casts a duty on the court to conduct the trial of the case of rape ..... government. 3) whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in sub-section (1) without the previous permission of such court shall be punished with imprisonment of either description for a term which may extend to two years and shall ..... allegedly raped german tourist. as per the information, the victim, a german lady aged 47 years arrived in the city of jodhpur on wednesday i.e. 11.5.2005. she checked-in a guest house in the walled city area. in the evening, she went to a hotel viz., taj hari for taking ..... on 13.5.2005.non-disclosure of the name of victim :9. we do not propose to mention the name of the victim in view of the prohibition provided in section 228a ipc. section-228a ipc reads as follows:'228-a. disclosure of identity of the victim of certain offence, etc.-(1) whoever prints or ..... n.n. mathur, j.1. a sordid and obnoxious incident of rape on a foreign lady tourist in the intervening night of 11th and 12th may, 2005 reported in the regional newspapers evoked the judicial conscience to take suo moto cognizance, considering that the constitutional courts vested with .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-24-2005
Reported in : AIR2005SC682; 2005(1)ALD(Cri)510; 2005(1)BLJR330; (2005)3CALLT62(SC); 2005CriLJ913; JT2005(2)SC122; (2005)2SCC710
..... body. in that chapter, there is a separate heading for 'sexual offence', which encompasses sections 375, 376, 376-a, 376-b, 376-c, and 376-d, 'rape' is defined in section 375. sections 375 and 376 have been substantially changed by criminal law (amendment) act, 1963, and several new sections were introduced by the new act, i.e. 376-a, 376-b, 376-c and 376-d. the fact that ..... on each of the respondents, detailed reference to the factual aspects is unnecessary.3. the respondents faced trial for alleged commission of offences punishable under sections 450, 376(1)/109(1) of the indian penal code, 1860 (in short the 'ipc') the respondent-accused munna was sentenced to undergo rigorous imprisonment for a period of seven years with a fine of rs. 2, ..... reduction in sentence restricting it to the period already undergone. this court should not interfere in the matter particularly under article 136 of the constitution of india, 1950 (in short the 'constitution').6. the crucial question which needs to be decided is the proper sentence and merely because of lapse of time or that the accused belonged to rural areas ..... 000/- with default stipulation for the offence relatable to section 376(1). he was also sentenced to undergo imprisonment of five years for the offence punishable under section 450 ipc. respondent-accused ghanshyam .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-13-2005
Reported in : AIR2005SC2846; 2005CriLJ3117; JT2005(11)SC257; 2005(4)MPHT1; 2005(II)OLR(SC)414; (2005)5SCC413
..... in that chapter, there is a separate heading for 'sexual offence', which encompasses sections 375, 376, 376-a, 376-b, 376-c, and 376-d. 'rape' is defined in section 375. sections 375 and 376 have been substantially changed by criminal law (amendment) act, 1983, and several new sections were introduced by the new act, i.e. 376-a, 376-b, 376-c and 376-d. the fact that ..... and demands. security of persons and property of the people is an essential function of the state. it could be achieved through instrumentality of criminal law. undoubtedly, there is a cross cultural conflict where living law must find answer to the new challenges and the courts are required to mould the sentencing system to meet the challenges. the contagion of lawlessness ..... reduction in sentence restricting it to the period already- undergone. this court should not interfere in the matter particularly under article 136 of the constitution of india, 1950 (in short the 'constitution').6. the crucial question which needs to be decided is the proper sentence and acceptability of reasons which weighed with learned single judge. it is to be noted ..... .1. leave granted.2. since the only question involved in this appeal is whether learned single judge was right. in reducing the sentence as imposed by the trial court on respondent, detailed reference to the factual aspects is unnecessary.3. the respondent faced trial for alleged commission of offences punishable under section 376 of the indian penal code, 1860 (in short the .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-14-2005
Reported in : (2005)107BOMLR1193
..... : 1984crilj647 , the question in respect of the jurisdiction of the special court was raised on two specific counts: (i) that a court of the special judge set up, under section 6 of the criminal law amendment act, 1952 cannot take cognizance of any of the offences enumerated in section 6(1)(a) & (b) upon a private complaints of facts constituting the offence and (ii) that where there are ..... the present case is the proper exercise of power by the judge of the special court. therefore, five remand orders which are passed on 8.6.2005, 20.6.2005, 27.7.2005, 19.8.2005 and 16.9.2005, existing as on the date of return of the present petition are valid and legal one. therefore, the judicial custody of the petitioners on the ..... the facts. we would like to advert to sub-section (2) of section 309 of the code of criminal procedure, 1973, which is to the following effect:'309. power to postpone or adjourn proceedings-(1)....(2) if the court after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it ..... , 468, 471, 472, 473 and 474 of the ipc, sections 3(1)(2), 3(2), 3(4), 3(5), 4 & 24 of the maharashtra control of organised crime act, 1999 (hereinafter, in short, referred to as 'the mcoc act'), section 63(a) of the bombay stamp act and section 13(a) & 13(d) of the prevention of corruption act. this case is commonly known in the media and the .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-25-2005
Reported in : 2005CriLJ3474
..... gupta, a constable accompanying the revisionist in the govt. vehicle, in police station gopiganj, sani ravidas nagar at crime no. 94/2005, under section 302, 307, 332 ipc and 7, criminal law amendment act against unknown persons. copy of the f.i.r. is annexure-1.7. case of the revisionist is that it is he who was targeted in the above attack, he continued in police custody ..... hand, constable yamuna prasad gupta has already lodged a report against unknown persons at crime no. 94/2005, under section 302, 307, 332 ipc & 7, criminal law amendment act, at police station gopiganj and the revisionist has not given any proof that f.i.r. of case crime no. 94/2005 is against him or informant of the case is having inimical terms with him and in view ..... of facts of the case, law cited by the revisionist's counsel is not applicable and in the later ..... and after coming back to central jail, naini, allahabad he wrote an application dated 6.3.2005 through jail superintendent, central jail, naini .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-15-2005
Reported in : 2005CriLJ227
..... connection with case crime no. 474 of 2004 under sections 332, 353, 419, 420, 481, 482, 467, 468, 120b i.p.c. and section 7 criminal law amendment act, police station brindavan, district mathura. this order has been confirmed in revision by the additional sessions judge, mathura in criminal revision no. 83 of 2005 vide judgment dated 18.8.2005.3. i have gone through the first information report and charge ..... sheet. i do not find it a fit case for quashing ..... truck vide order dated 17.2.2005 confirmed in revision on 18.8.2005. these judgment and orders are set aside and the magistrate is directed to release the goods taken into custody in connection with case crime no. 474 of 2004 under sections 332, 353, 419, 420, 481, 482, 467, 468, 120b i.p.c. and section 7 criminal law amendment act, police station brindawan, district mathura after .....Tag this Judgment!
Court : Jharkhand
Decided on : Oct-28-2005
Reported in : [2006(108)FLR984]; [2006(1)JCR245(Jhr)]
..... copy of which has been enclosed as annexure 1 to the writ petition. her grievance is that while the respondents have given ..... extremist group i.e. people war group (pwg) on 6th june, 2003 at village-tendar. an fir being ghaghra p.s. case no. 27 of 2003 was lodged in this regard for the offence under sections 147, 148, 149, 302/34 and 120-b of the indian penal code and section 17 of the criminal law amendment act, a ..... original scheme for compassionate appointment was issued vide memo no. 12754, dated 12th july, 1977 from personnel and administrative department, government of bihar, patna, followed by amendment, made vide subsequent circulars. by circular, contained in memo no. 3/c/20-30/88 ka-6817, dated 25th may, 1989, the limitation for filing application ..... injured. however, it was made clear that such compensation shall 'not be paid to a person, who himself was a terrorist/extremist or is a listed criminal.subsequently, the then government of bihar through its home (special) department made provision for compassionate appointment to the dependent of deceased, died in terrorist/extremist attack ..... is hereby dismissed.4. in the result, while w.p. (s) no. 6713 of 2004 and w.p. (s) no. 344 of 2005 are disposed of with the directions and observations, made above, there being no merit, w.p. (s) no. 366 of .....Tag this Judgment!
Court : Kerala
Decided on : Aug-03-2005
Reported in : 2005CriLJ3848; 2005(3)KLT770
..... under sub-section (4), the magistrate taking cognizance of the offence shall, without making any further inquiry in the case,--(a) commit it for trial--(i) to the court of session if the offence is triable exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate;(ii) to a court of special judge appointed under the criminal law amendment act, 1952 ..... (46 of 1952), if the offence is triable exclusively by that court;(b) in any other case, make over the case to the chief judicial magistrate who shall try the case himself'.in view of the provisions contained in section 306(4) and (5) of the code, every person ..... to cross examine the witness examined by the prosecutor. the prosecutor's right to re-examine those witnesses was also specifically provided. the code of criminal procedure was amended in the year 1973. section 209 of the code of criminal procedure, 1973 deals with commitment of case to court of session when offence is triable exclusively by it. the major change made in the ..... is presumably why the title of the section only mentions the word 'accomplice' and not 'accused'. section 306(2) indicates the category of offences to which tender of pardon to an accomplice could be given under the said provision. section 306(3) lays down the procedure for tender of pardon. every magistrate who tenders a pardon under sub-section (1) of section 306 is bound to .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-04-2005
Reported in : 2005(4)MhLj513
..... that the special judge alone is competent to take cognizance of the offence specified in the act. the bench was considering section 8 criminal law amendment act, 1952 which is identically worded. in paragraph 18 of the decision desai, j., who spoke for the bench has stated that under section 8(1) the special judge shall not take cognizance on commitment of the accused. 'it positively ..... the special judge alone is competent to take cognizance of the offence specified in the act. the bench was considering section 8 of criminal law amendment act, 1952 which is identically worded. in paragraph 18 of the decision desai, j., who spoke for the bench has stated that under section 8(1) the special judge shall not take cognizance on commitment of the accused. 'it positively ..... v. navab rajendran - cited supra has held that the magistrate has no jurisdiction to take cognizance of an offence under prevention of corruption act and he has no power to order investigation under section 156(3), criminal procedure code in respect of such offence on a private complaint.7. the kerala high court while laying the aforesaid legal position also considered the ..... been omitted by introducing section 31 of anti corruption act, 1988. this being the legal position, the impugned order passed by the learned j.m.f.c. cannot be sustained in law and deserves to be set aside. in the result, the impugned order is hereby quashed and set aside. the application is allowed. the proceedings in summary criminal case no. 773/ .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-16-2005
Reported in : 2005CriLJ3040
..... amar saran, j.1. heard sri g.s. chaturvedi, learned senior advocate appearing for the applicant and learned aga for the state, and perused the record.2. the applicant, zubair, is involved in case crime no. 241 of 2003, under sections 452, 376, 506, 120b, 201 ipc and section 7 criminal law amendment act, p.s. chhapar, district muzaffar nagar.3 ..... is said to have committed rape on the girl and is named consistently throughout, along with the accused mahtab, in the fir and the statement under section 161 cr.p.c. as one of the named persons who have actually committed rape on that girl, and because the role of actually raping the ..... felt too afraid to intervene when such a heinous crime was being perpetrated by the culprits. it is specifically mentioned in the statement of the girl under section 161 cr.p.c. that the accused forcibly took her to the other kutchha house of israel where this crime was committed on her.7. so ..... non-application of mind and the judgment of this court referred to earlier analyzing the provisions of sub-section (2) of section 439 cannot be of any use as we are not exercising power under sub-section (2) of section 439 cr.p.c.'11. in view of the aforesaid discussion, there is no force in ..... 7.50am on 9.10.2003. at that time, she was found unconscious and her body was cold. also, she has mentioned in her statement under section 161 cr.p.c. that after 3 accused persons, zuber, mahtab and hijju committed rape. co-accused, shamsad, also started committing rape on her. she .....Tag this Judgment!