Back
MOHIT KUMAR SHAH, HARISH KUMAR
Rajballabh Prasad @ Rajballabh Yadav – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J. – The aforesaid six appeals preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’) arise out of the same judgment of conviction dated 15.12.2018 and order of sentence dated 21.12.2018, passed by the learned Special Judge (Elected Member of Parliament, Member of Legislative Assembly and Member of Legislative Council), Bihar, Patna (hereinafter referred to as the “Ld. Trial Judge”), in Special Case No. 145 of 2018 (arising out of Mahila (Nalanda) P.S. Case No. 15 of 2016) and therefore, these appeals have been heard together and are being disposed off by the present common judgment and order.
2. By the impugned judgment and order, the appellants have been convicted and sentenced as under: –
Cr. Appeal (DB) No. 224 of 2019
| Appellant's name | Conviction under Section | Sentence | ||
| Imprisonment | Fine (Rs.) | In default of fine | ||
| Rajballabh Prasad @ Rajballabh Yadav (herein after referred to as the Appellant No.1) | 376 of the IPC | Life Imprisonment | 50,000/- | Six months simple imprisonment |
| 4 of the Protection of Children from Sexual Offences Act, 2012 (hereafter referred to as the “POCSO Act”) | ||||
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
