Mani v. the State Rep. by
Case brief
What is this about?
The High Court allowed a criminal appeal against conviction for dacoity. Relying on a prior acquittal of co-accused and finding the prosecution case weak due to witness contradiction, the court set aside the conviction and acquitted the appellant.
What did the court decide?
The criminal appeal allowed, conviction and sentence set aside, appellant acquitted, and bail bond cancelled.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2021
CORAM
THE HONOURABLE MR. JUSTIC E A.D.JAGADISH CHANDIRA
and Crl.MP.4821 of 2020
Mani (now confined at Central Prison, Vellore)
Vs.
State Rep by The Inspector of Police, M2 Port Marine Police Station, Chennai (Cr.No.1 of 2004)
....Respondents/Complainant
PRAYER : Criminal Appeal is filed under Sections 374 of Criminal Procedure Code to call for the records relating to the judgment of the Additional District and Sessions Court (FTC - III), Chennai made in SC.No.145 of 2007 dated 19.06.2007 and set aside the same.
For Appellant : Mr.S.N.Arunkumar.
For respondent : Mr.E.Raj Thilak, APP.
Issues for consideration
3 issues framed by the court
Whether the prosecution has proved the charge of attempted dacoity beyond reasonable doubt in view of discrepancies in the eyewitness testimony and lack of independent corroboration.
Whether the High Court should allow the criminal appeal and acquit the appellant given the acquittal of similarly placed co-accused in the same set of facts.
Whether the conviction and sentence passed by the trial court should be set aside.
Parties & counsel
- appellant
Mani
- respondent
State Rep by The Inspector of Police
Coram
E A.D.JAGADISH CHANDIRA
Case details
As recorded by the court registry
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