Rajasthan High Court
Adverse Police Report Cannot Be A Ground For Refusing Parole: Rajasthan High Court
Rajasthan High Court has ruled that if the parole applicant did not suffer from any ineligibility for his/her release under Rule 16 of the Rajasthan Prisoners Release on Parole Rules, 2021 (the Rules), an adverse police report could not be a ground in itself for refusing the parole.The division bench of Justice Pushpendra Singh Bhati and Justice Manoj Kumar Garg observed that parole was a...
State Adding Seats Few Months After Onset Of Recruitment Process But Not Revising Eligibility Cut-Off Date Against 'Equal Opportunity': Rajasthan HC
In a matter concerning recruitment of compounders/ nurses in the AYUSH department, the Rajasthan High Court said that splitting the additional vacancies arising after commencement of the process, into "two fractions" in the guise of the relevant service rules, is illegal and violates the candidates fundamental rights. The high court further said that Rule 16 of Rajasthan Ayurvedic,...
Minor Survivor's Testimony Not Shaken Despite Lengthy Cross Examination: Rajasthan High Court Upholds 33 Yrs Old Attempt To Rape Conviction
The Jaipur bench of the Rajasthan High Court recently upheld a 33-year-old trial court order convicting a man for attempting to rape a minor girl, while noting that the girl's version of the incident had not been "shaken" even though she was subjected to lengthy cross-examination by the defence. In doing so the high court underscored that the girl's statement has to be seen in the light of...
Delay In Recording Testimony Of Key Witness Raises Doubts Over Its Credibility: Rajasthan High Court Reiterates
While hearing a case wherein the witness had testified after a year claiming he had "seen" the men booked for murder, the Jodhpur bench of the Rajasthan High Court reiterated that "delay" in providing crucial evidence raises doubts on the veracity of the star witness's testimony. Noting that there were no direct eye witnesses nor were the alleged assailants identified immediately, the...
No Prior Approval U/S 17A Prevention Of Corruption Act For Laying 'Trap' Against Public Servant Demanding Illegal Gratification: Rajasthan HC
The Jodhpur bench of the Rajasthan High Court has said that no prior approval is required under Section 17A of the Prevention of Corruption (PC) Act to "trap" a public servant who allegedly demands gratification.In doing so, the high court further said that the provision is only triggered if there is allegation of an offence committed under the PC Act. A single judge bench of Justice...
Mere Ownership Of Vehicle Unauthorisedly Carrying Contraband Doesn't Imply Involvement In Offence Under NDPS Act: Rajasthan High Court
While granting bail to an accused charged under the NDPS Act in relation to 964 Kgs of poppy straw, the bench of Justice Rajendra Prakash Soni at the Rajasthan High Court ruled that mere ownership or connection with the vehicle, from which the contraband was recovered, did not imply accused's knowledge or actual involvement in the crime.The facts of the case were that the police found a...
Rajasthan HC Refuses Bail To Uncle Booked For Rape; Says Sexual Offence Involving Family Graver, Slight Contradictions In Minor's Testimony Not Fatal
Rajasthan High Court has ruled that certain contradictions in the statements of a minor victim, especially of sexual abuse, was likely due to traumatic nature of such incidents, and such minor inconsistencies in the victim's testimony were not sufficient to grant bail to the accused when the overall credibility of the allegations remained intact.The bench of Justice Rajendra Prakash Soni...
Burning Dead Body Inside Someone's House Disrespectful, An Act Of Desecration: Rajasthan High Court
Rajasthan High Court has rejected bail applications of two persons accused of trespassing the complainant's house with 40-50 people carrying arms and weapons, vandalizing it, and burning a girl's dead body inside the house.“Involvement of 40-50 individuals and the blatant act of entering the complainant's home to commit these atrocities demonstrates a profound disregard for the law. Given...
Rajasthan HC Permits Accused To Virtually Join Trial From Jail, Notes Unnecessary Financial Burden On State Providing Security For His Travel
Rajasthan High Court has allowed an accused's plea for exemption from physical appearance before the trial court and permitted him to attend the proceedings, including recording of witness statements, through video conferencing, on the ground of the accused apprehending threat to security from the enemy gangs during travel.“…it is deemed appropriate that the petitioner's physical presence...
No Provision For Automatic Cancellation Of Driving School License On Holder's Death, State Should Allow Transfer To Successor: Rajasthan HC
Rajasthan High Court has ruled that automatic cancellation of the license for running a motor driving school (“license”) on the death of the licensee, in the absence of any statutory provision for the same, cannot be permitted.The bench of Justice Rekha Borana therefore quashed an order to this effect and directed the Transport Department to assess the eligibility of the deceased's...
Rajasthan HC Rejects Plea Alleging District Hospital Being Set Up Next To Land Of Municipal Board Chairman's Wife For Appreciating Its Value
Rajasthan High Court has rejected a plea alleging that the District Hospital in Deoli was being set up adjacent to the land belonging to Municipal Board Chairman's wife, in order to appreciate her land's value.The bench of Justice Avneesh Jhingan ruled that setting up a hospital is a policy decision and the Court could not sit in appeal over it.It was the case of the petitioner that the...
Resolving Family Disputes Using Criminal Law An Abuse Of Legal Processes: Rajasthan High Court Quashes Nephew's FIR Over Property Dispute
While quashing a nephew's FIR against his uncle for offences of cheating and forgery, Rajasthan High Court reiterated that using criminal justice system to settle family property issues is a misuse of legal process, unless there is a clear prima-facie evidence of criminal intent.Complainant alleged that the petitioner forged papers of his father's property to take over the same and...