Back
J. C. DOSHI
Kanaksinh @ Kalubhai Jodhabhai Gohil – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Present revision application u/s 397 r/w section 401 of the Code of Criminal Procedure, 1973 is filed by the petitioners – accused being aggrieved with the judgment and order dated 12.2.2009 passed by the learned JMFC, Una in Criminal Case No.689 of 2008 and confirmed by judgment and order dated 8.11.2012 passed by the learned Addl. Sessions Judge, Una in Criminal Appeal No.11 of 2012 (old No.3 of 2009).
2. The prosecution case is that the petitioners accused were travelling his their Mahindra jeep having registration No.GJ 4 D 4962 with Indian made foreign liquor and bear from Una to Div and near village Naliya Mandavi, they were intercepted and arrested by the police.
3. Charge was framed. The petitioner pleaded not guilty and claimed to be tried. Therefore, the case was returned for recording the prosecution evidence. In all, the prosecution has examined total 06 witnesses, as also produced the 04 number of documentary evidence. The learned trial Court having appreciated the said evidence recorded the finding as noted in the judgment culminated in conviction as stated supra followed by imposition of punishment as above, which has been unsuccessfully challenged befor
The prosecution must prove the offence beyond reasonable doubt, and the court cannot convict based on conjectures, surmises, and presumption.
The central legal point established in the judgment is the requirement of proving conscious possession and the limitations of applying section 106 of the Evidence Act in the absence of sufficient evi....
The main legal point established is the requirement for corroboration from witnesses in criminal cases and the right of the accused to present evidence in their defense.
The main legal point established in the judgment is the requirement for the prosecution to prove possession of liquor beyond all reasonable doubt and the need for the evidence to pass the test of tru....
The revisional jurisdiction under Sections 397 and 401 of the Code of Criminal Procedure is limited, and the court cannot interfere with concurrent findings of fact unless there is manifest illegalit....
The absence of proper documentation and information rendered the conviction erroneous and illegal, leading to the acquittal of the petitioner.
An unexplained, inordinate delay in producing seized contraband samples before the court breaks the chain of link evidence, necessitating acquittal due to the possibility of tampering and the resulti....
The court emphasized the significance of injured witnesses' testimony in convicting and modifying sentences, reaffirming the stance that reliance on interested witnesses is acceptable if corroborated....
Revisional jurisdiction must not re-evaluate factual evidence but correct manifest legal errors, ensuring justice is served without infringing on trial court determinations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
