# State of Rajasthan vs Rajgarh Police Head Constable and others

HTML version: [https://datalibertarian.in/babuwatch/trial-court/t2w2-08-017](https://datalibertarian.in/babuwatch/trial-court/t2w2-08-017)
Record JSON: [https://datalibertarian.in/babuwatch/data/case/t2w2-08-017.json](https://datalibertarian.in/babuwatch/data/case/t2w2-08-017.json)

Trial-court conviction (Special Judge, Alwar (D.B. Crl. Appeal 769/1972; S.B. Crl. Appeal 535/1972); Sessions Court). Convicted 5 August 1972. Appeal status: Upheld on appeal.

## Summary

Head Constable Radhey Shyam of Rajgarh (Alwar), who with SHO and Constable arrested Dana in June 1965 but kept his cycle, Rs.200 in currency notes and other articles off the arrest memo and misappropriated them, was convicted on 5 August 1972 by the Special Judge, Alwar under IPC s.409 and sentenced to 6 months' RI with Rs.500 fine; the co-accused were acquitted at trial. The Rajasthan High Court Division Bench (P.D. Kudal, J., 1980WLN17) on 11 January 1980 dismissed both Radhey Shyam's appeal and the \[name withheld\]'s appeals, upholding the conviction while declining to enhance the sentence given the 14-year lapse.

## Report card

By judgment dated 5 August 1972, the Special Judge, Alwar (D.B. Crl. Appeal 769/1972; S.B. Crl. Appeal 535/1972) convicted the Radhey Shyam (Head Constable).

- Register number: RJ 02 CW 0002
- Case reference: D.B. Criminal Appeal No. 769 of 1972 with S.B. Criminal Appeal No. 535 of 1972; reported in the judgment of the Rajasthan High Court
- Court and date: The Special Judge, Alwar (D.B. Crl. Appeal 769/1972; S.B. Crl. Appeal 535/1972), 5 August 1972
- Officer(s) at the material time: Radhey Shyam (Head Constable)
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 409 of the Indian Penal Code, 1860
- Finding of the Court (extract): “Radhey Shyam was convicted for an offence under Section 409, I.P.C., and was sentenced to rigorous imprisonment for a period of six months and a fine of Rs. 500/-.”
- Verdict, sentence and quantum: Conviction recorded by the trial court. Sentence: 6 months RI + Rs.500 fine (3 months further RI in default)
- Present status of the proceedings: The conviction was affirmed in appeal.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/239746/); [Appellate judgment](https://indiankanoon.org/doc/239746/); [Permanent link to this record](https://datalibertarian.in/babuwatch/trial-court/t2w2-08-017)

## At a glance

- Category: Other misconduct
- Sub-category: other
- Location: Alwar, Rajasthan
- Officers: Radhey Shyam (Head Constable)
- Sentence: 6 months RI + Rs.500 fine (3 months further RI in default)
- Verification: V2 · Trial court