# State of Uttarakhand v. Uttarakhand Police Constable

HTML version: [https://datalibertarian.in/babuwatch/trial-court/t2w3-21-005](https://datalibertarian.in/babuwatch/trial-court/t2w3-21-005)
Record JSON: [https://datalibertarian.in/babuwatch/data/case/t2w3-21-005.json](https://datalibertarian.in/babuwatch/data/case/t2w3-21-005.json)

Trial-court conviction (Trial Court (Magistrate), Haridwar jurisdiction — Criminal Case No. 8747 of 2018 (exact magistrate designation not stated in appellate record; appeal lay before the Ist Additional District and Sessions Judge, Haridwar); Magistrate's Court). Convicted 2 August 2018. Appeal status: Upheld on appeal.

## Summary

Per the Uttarakhand High Court revision judgment, Constable was convicted under IPC s.223 by the trial court (Criminal Case No. 8747 of 2018, judgment 02-08-2018) for negligently allowing accused \[name withheld\] to escape from police custody at the railway station on 25-07-2003 while being escorted back after production before the Special Judge (Gangster Act), and was fined Rs 2,000 (acquitted of s.224). His appeal was dismissed by the Ist Additional District and Sessions Judge, Haridwar on 03-12-2022; on revision the High Court on 23-08-2023 released him on six months' probation of good conduct with s.12 of the Probation of Offenders Act to apply. Exact magistrate-court designation of the trial court is not stated in the appellate record.

## Report card

By judgment dated 2 August 2018, the Trial Court (Magistrate), Haridwar jurisdiction — Criminal Case No. 8747 of 2018 (exact magistrate designation not stated in appellate record; appeal lay before the Ist Additional District and Sessions Judge, Haridwar) convicted the Constable, Uttarakhand Police (escort party; Probation Officer report from Tehri Garhwal).

- Register number: UK 08 CW 0003
- Case reference: Criminal Case No. 8747 of 2018; reported in the judgment of the Trial Magistrate Court, Haridwar
- Court and date: The Trial Court (Magistrate), Haridwar jurisdiction — Criminal Case No. 8747 of 2018 (exact magistrate designation not stated in appellate record; appeal lay before the Ist Additional District and Sessions Judge, Haridwar), 2 August 2018
- Officer(s) at the material time: Constable, Uttarakhand Police (escort party; Probation Officer report from Tehri Garhwal)
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 223 of the Indian Penal Code, 1860
- Finding of the Court (extract): “While convicting the revisionist – accused Constable \[name withheld\] under Section 223 of the Indian Penal Code, 1860... he was punished with a fine of Rs.2,000/-. Resultantly, the revisionist – accused \[name withheld\] be released on probation on good conduct …”
- Verdict, sentence and quantum: Conviction recorded by the trial court. Sentence: Fine of Rs 2,000 by the trial court; appellate court dismissed the appeal; High Court on revision released him on probation of good conduct for six months
- Present status of the proceedings: The conviction was affirmed in appeal.
- Source orders: [Judgment / order (primary source)](https://www.courtkutchehry.com/judgements/1174742/constable-rakshpal-singh-appellant-hash-state-of-uttarakhand-respondent/); [Appellate judgment](https://www.courtkutchehry.com/judgements/1174742/constable-rakshpal-singh-appellant-hash-state-of-uttarakhand-respondent/); [Permanent link to this record](https://datalibertarian.in/babuwatch/trial-court/t2w3-21-005)

## At a glance

- Category: Other misconduct
- Sub-category: other
- Location: Haridwar, Uttarakhand
- Officers: Constable, Uttarakhand Police (escort party; Probation Officer report from Tehri Garhwal)
- Sentence: Fine of Rs 2,000 by the trial court; appellate court dismissed the appeal; High Court on revision released him on probation of good conduct for six months
- Verification: V2 · Trial court