The High Court dismissed the State's appeal against acquittal in a theft case under sections 457 and 380 IPC. The court held that there was no direct evidence against the accused and the judgment relied on weak witness testimony.
Leave to appeal refused and appeal dismissed; judgment and order of acquittal affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.3949/2003 WITH APPEAL NO.1140/2003
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Office notes, office Memoranda Court’s or Judge’s orders.
of Coram, appearance, Court’s
orders or directions and
Registrar’s orders.
Mr.P.S.Hingorani, APP. for the State.
Mr.Vivek Katekar for the Resp.No.6.
CORAM : R.S. MOHITE,J.
DATED : 13/2/2006.
P.C.
1. This is an application for
condonation of 60 days delay in filing
the appeal. For the reasons which are
mentioned in the application and which
are accepted, delay is condoned.
Application is disposed off.
Cri. Appeal No.1140/2003
1. Heard A.P.P.
2. This is an appeal filed by the
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State impugning a judgment and order
dated 22.4.2003 passed by the J.M.F.C.
Vita, Dist. Sangli acquitting the
accused for an offence punishable under
Section 457 and 380 of the I.P.C. On
perusal of the impugned judgment and
order, it can be seen that the same has
been passed on cogent and acceptable
reasons. There is no direct evidence
against the accused. The accused are
said to have stolen an amount of
Rs.11000/- from the shop of the
complainant on 7.5.2002. The recovery
of cash amount of Rs.500/- was made.
The panch witnesses to the recovery
admitted that they were panchas in
several prohibition cases. In the
circumstances, leave is refused and
consequently, the appeal stands
dismissed.
(R. S. MOHITE, J.)
2 issues framed by the court
Whether substantial miscarriage of justice has been caused to allow the appeal to succeed.
Whether there is direct evidence against the accused to sustain the conviction.
State
R.S. Mohite
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court