The High Court dismissed the State's application for leave to appeal against an acquittal. Finding no perversity in the trial court's reasoning that the stolen property was not produced, the Court held the acquittal was a possible view and refused leave to appeal.
Leave to file appeal refused; Criminal Application dismissed.
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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pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 42 OF 2015
The State of Maharashtra
Vs.
Nilesh Ramugra Chouhan and ors.
.. Respondents
Smt. V. R. Bhosale, APP for State.
CORAM: P. V. HARDAS &
DR. SHALINI PHANSALKAR-JOSHI,JJ.
APRIL 21, 2015.
P.C.
under Section 379 as well as under Section 413 of the IPC on the ground that the property, which is alleged to have been discovered by the accused
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i.e. the stolen gold chain, had been delivered to PW 1 - Nikita and PW 1 -
Nikita had failed to produce it in the same condition before the trial court. The trial court, therefore, came to the conclusion that since the property was not identified and was not produced in the court and there was no evidence against accused no.3 in respect of the charge under Section 413 of IPC as the accused had claimed the property, which was recovered from his possession, to be belonging to him, the accused were entitled to be given the benefit of doubt.
refused.
(DR. SHALINI PHANSALKAR-JOSHI,J.) (P. V. HARDAS,J.)
1 issue framed by the court
Whether the High Court should interfere in an appeal against acquittal where the trial court acquitted on the ground of benefit of doubt and lack of evidence regarding identification of property.
3 provisions across 1 enactments
State of Maharashtra
Nilesh Ramugra Chouhan and ors.
P. V. Hardas
Dr. Shalini Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
