Sheik Dawood @ Dawood, v. State Rep. by
Case brief
What is this about?
The High Court suspended the substantive sentence of imprisonment imposed on the respondent accused, who was convicted of murder and robbery, pending the disposal of his appeal. The court held that the prosecution failed to prove vital links including motive, the ability of the deceased to possess the stolen money, and valid last seen eyewitness testimony due to non-compliance with Section 65-B of
What did the court decide?
The substantive sentence of imprisonment against the petitioner was suspended pending disposal of the appeal, and he was enlarged on bail subject to conditions regarding bond, sureties, and appearance
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Thursday, the Fourth day of April Two Thousand Nineteen
PRESENT
The Hon`ble Mr Justice M. SATHYANARAYANAN
The Hon`ble Mr Justice M. NIRMAL KUMAR
CRIMINAL MISCELLANEOUS PETITION No.11856 of 2018
SHEIK DAWOOD @ DAWOOD, [PETITIONER/APPELLANT/ACCUSED NO.2]
Vs
STATE REP. BY [ RESPONDENT/COMPLAINANT ] THE INSPECTOR OF POLICE, THIRUNALLUR POLICE STATION, PUDUCHERRY DISTRICT. CR.NO. 90 OF 2017.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to
(i) To suspend the sentence of imprisonment passed on 24.08.2018 against the petitioner in S.C.No. 6 of 2017 on the file of Sessions Judge, Karaikal and enlarge him on bail pending disposal of C.A.No.538 of 2018.
Issues for consideration
3 issues framed by the court
Whether the prosecution has proved the motive, last seen theory, and the deceased's possession of stolen money to establish guilt beyond reasonable doubt.
Whether the failure to comply with Section 65-B of the Evidence Act regarding CCTV footage vitiates the last seen theory.
Whether the sentence of imprisonment against the accused requires suspension pending the disposal of the appeal.
Parties & counsel
- petitioner
SHEIK DAWOOD @ DAWOOD
- respondent
STATE REP. BY THE INSPECTOR OF POLICE
Coram
M. SATHYANARAYANAN
Case details
As recorded by the court registry
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