Sudhir Shantaram More v. the State of Maharashtra
Case brief
What is this about?
In an appeal against conviction, the High Court held that the prosecution failed to connect the appellant with the incident due to flawed identification parade procedures and lack of corroboration. The conviction was set aside and the appellant acquitted.
What did the court decide?
Appellant acquitted of all charges and fine amount refunded.
What the court decided
sbw
APEAL 513.94
1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APEAL NO.513 OF 1994
Sudhir Shantaram More ) residing at Silver Apts ) Flat No.108, 1st floor ) Virat Nagar, Virar ) Dist: Thane ) (At present in custody ) in the Yerawada Central Jail ) Pune). ) ...Appellant (Orig. Accused No.2)
vs.
The State of Maharashtra ) (At the instance of the ) Inspector of Police, ) Malad Police Station, ) Bombay). ) ...Respondent
Mr. Omkar Mulekar i/b. Mr. Niranjan Mundargi h/f Mr. A. P. Mundargi for the Appellant.
Ms. A. A. Mane, APP, for the Respondent – State.
CORAM : A. H. JOSHI, J. RESERVED ON : 8th October, 2013 DELIVERED ON : 15th October, 2013
Issues for consideration
3 issues framed by the court
Whether the appellant is proved to be the accused based on the trial evidence.
Whether the identification parade was conducted in conformity with the law.
Whether the conviction can be sustained given the lack of foolproof evidence connecting the appellant with the offence.
Parties & counsel
- appellant
Sudhir Shantaram More
- respondent
The State of Maharashtra
Coram
A. H. JOSHI
Case details
As recorded by the court registry
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