Rajasthan High Court
Removing Girl's Innerwear, Undressing Oneself Not 'Attempt To Rape' But Indecent Assault: Rajasthan High Court
The Rajasthan High Court has held that the act of removing a girl's innerwear and undressing oneself with nothing more will not attract the offence of 'attempt to commit rape' under Section 376 read with Section 511 of IPC but it will attract the offence of Assault to outrage modesty of a woman punishable under Section 354 IPC.In holding so, a bench of Justice Anoop Kumar Dhand emphasized on...
Testimony Of Injured Witness Can Be Relied Upon Unless There Are Major Contradictions: Rajasthan High Court
The Rajasthan High Court has reiterated that the testimony of an injured witness cannot be discarded merely because of minor discrepancies since he is not likely to spare the actual assailant in order to falsely implicate someone else.The bench of Justice Sudesh Bansal thus observed that the testimony of an injured witness is accorded a special status in law and it cannot be rejected unless...
Rajasthan High Court Declines Compassionate Appointment To Son Adopted After Crossing 15 Yrs Age Threshold Under Hindu Adoption & Maintenance Act
The Rajasthan High Court recently dismissed the plea for compassionate appointment moved by the adopted son of a government servant, citing non-compliance of the provisions for adoption under the Hindu Adoption and Maintenance Act, 1956.Petitioner was adopted at the age of 18 years. Section 10(iv) HAMA prescribes that a person who has completed the age of fifteen years cannot be given in...
Rajasthan High Court Refuses To Quash FIR Against Two Doctors Booked In Connection With Alleged Illegal Kidney Transplant Racket
The Rajasthan High Court has refused to quash an FIR lodged against two doctors of the Fortis Hospital at Jaipur who are accused in connection with an international racket that came to be busted in respect of alleged illegal transplantation of human organ (kidney).A bench of Justice Sudesh Bansal said it is not that there is iota of evidence against them. It observed,"As per the...
Scope Of Interference With Acquittal Order Very Limited, Can Be Reversed Only If It Demonstrates Perversity, Error Of Law: Rajasthan High Court
The Rajasthan High Court has made it clear that the scope of interference with an acquittal order passed by the Trial Court in criminal proceedings is very limited.“...if the impugned judgment of the learned Trial Court demonstrates a legally plausible view, mere possibility of a contrary view shall not justify the reversal of acquittal…” observed a division bench of Justice...
After 30 Yrs Since Appeal, Rajasthan High Court Reduces Sentence In Kidnapping Case To 5 Days Citing Delay In Proceedings
The Rajasthan High Court has reduced the sentence in a Kidnapping case of 1992, citing 30 years delay in deciding the convict's appeal.A bench of Justice Manoj Kumar Garg said the appellant-convict had "suffered mental agony and trauma of protracted trial" and thus reduced the sentence of 2 years rigorous imprisonment to the period already undergone, i.e. 5 days.A case was registered against...
[Rajasthan Municipalities Act, 2009] No Bar On Directly Approaching Civil Court Without Availing Remedy Under The Act: Rajasthan High Court
A bench of Justice Birendra Kumar at the Rajasthan High Court (“the Court”) dismissed a revision petition filed against an order of a trial court wherein the trial court refused to reject the plaint under Order VII Rule 11 of CPC.The petition was filed on the ground of existence of an alternative remedy under the Rajasthan Municipalities Act, 2009 (“the Act”) but the Court decided...
Rajasthan High Court Rejects Plea Challenging Age Criteria For Civil Judge Recruitment
The Rajasthan High Court has dismissed a petition challenging the Civil Judge recruitment process so far as the upper age limit to appear in the exam is concerned.The challenge was thrown by an aspirant who had crossed the threshold age. It was his argument that the prescription was contrary to the Rajasthan Judicial Services Rules, 2010, whose object was to enable those candidates, who...
Rajasthan High Court Sets Aside Trial Court's Ad-Interim Order Due To Earlier Contradictory Order In Another Matter Pending Between Same Parties
A bench of Justice Madan Gopal Vyas at the Rajasthan High Court (“the Court”) quashed an order of a trial court for passing a contradictory ad-interim order over another ad-interim order passed by it in the same matter. The Court observed the following:“This Court finds that the impugned order passed by the learned trial court is wholly without application of mind. The learned trial...
Rajasthan High Court Sets Aside Transfer Orders Of 198 Panchayat Officials, Issues Guidelines For Autonomy Of Local Self-Governing Bodies
In a notable decision, the Rajasthan High Court halted the transfer orders of numerous Panchayat officials, citing serious breaches of statutory provisions under the Rajasthan Panchayati Raj Act, 1994, and its related rules.The Court has issued guidelines for the transfer of Panchayat officials of various ranks, emphasizing the importance of local bodies' autonomy and the need to...
Public Prosecutor Has No Authority To Request Trial Court To Discharge Accused Once Application U/S 321 CrPC Is Rejected: Rajasthan High Court
The Rajasthan High Court held that the Public Prosecutor is duty-bound to prosecute the accused and open the case for prosecution once the application for withdrawal of prosecution against the accused under Section 321 Cr.PC is rejected by the concerned Court.The High Court Bench of Justice Anoop Kumar Dhand was hearing Criminal Revision Petitions filed by the Accused/Petitioners and by the...
Rajasthan High Court Declines To Quash FIR Against Medical Officials Allegedly Involved In Illegal Kidney Transplantation At Jaipur's Fortis Hospital
The Rajasthan High Court has dismissed a criminal miscellaneous petition seeking to quash a First Information Report (FIR) related to an international racket involving illegal kidney transplantation at Fortis Hospital, Jaipur.Dr. Jyoti Bansal and Dr. Jitendra Goswami, both serving as medical officers at Fortis Hospital in Jaipur, were named in an FIR filed under Sections 420, 419, 471, and...