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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Mushtaq Ali S/o Fakir Ali Musalman – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. conviction and background circumstances of the case. (Para 1 , 2) |
| 2. assessment of negligence under section 223 ipc. (Para 3) |
| 3. judgment overcoming legal infirmities and acquitting the petitioner. (Para 5 , 6) |
ORDER :
1. The present revision petition has been filed challenging the judgment of conviction and order of sentence dated 23.02.2006, passed by the learned Civil Judge (Junior Division)-cum-Judicial Magistrate, Chittorgarh in Criminal Case No. 15/1997. By the said judgment, the petitioner was convicted for the offence under Section 223 of the INDIAN PENAL CODE (IPC) and imposed a fine of Rs. 2,000/- with a further direction that in default of payment of the fine, he would undergo simple imprisonment. The said judgment was upheld by the learned Appellate Court vide order dated 23.06.2006 passed in Criminal Appeal No. 20/2006.
2. The essential facts required for adjudication of the present petition are as follows:
2.1. At the relevant time, the petitioner was serving as a police constable at Police Station Chanderiya, Chittorgarh. He was assigned guard duty and was also responsible for managing wireless communication at the police station.
2.2. Two under-trial p
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The court affirmed that intentional escape from lawful custody constitutes a serious offence under IPC Section 224, overriding claims of unlawful detention and complaint delays.
Liability for negligence in criminal cases requires clear evidence of gross negligence; merely failing to take additional precautions beyond established protocols is insufficient for criminal charges....
The court established that departmental proceedings can result in disciplinary action even after a criminal acquittal, as the standards of proof and the nature of evidence required in such proceeding....
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