IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GITA GOPI
Shaikh Mohammed Naushad – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
GITA GOPI, J.
1. Criminal Appeal Nos.2583 of 2005, 2584 of 2005 and 2585 of 2005 are by the State for enhancement of the sentence. While, Criminal Appeal Nos.366 of 2005, 367 of 2005, 383 of 2005 and 378 of 2005 filed by accused are challenging the conviction under Sections 399 and 120B of the INDIAN PENAL CODE , 1860 (for short ‘IPC’), where six accused came to be convicted under Section 399 IPC for two years rigorous imprisonment and Rs.500 as fine with default stipulation of further fifteen days simple imprisonment.
1.1 For the offence under Section 120B IPC, two years rigorous imprisonment and Rs.500/- fine and in default of payment of fine, fifteen days simple imprisonment. The sentence to run concurrently and set off was granted for the imprisonment in connection with I-Cr. No.379/96 at Mahesana Police Station.
1.2 Criminal Appeal No.366 of 2005 had been filed by the accused Nos.2, 5 and 6 of Sessions Case No.203 of 2004, whereas Criminal Appeal No.367 of 2005 was by sole accused of Sessions Case No.215 of 1997 and Criminal Appeal No.378 of 2005 was filed by accused No.1 of Sessions Case No.203 of 2004 and Criminal Appeal No.383 of 2005 was by sole accused of Sessio
Sardul Singh Caveeshar V. State of Bombay
State of Gujarat v. Mohammed Atik
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The judgment establishes the importance of the prosecution's obligation to establish a prima facie case and the burden of proof on the accused in cases involving offences under section 399 and sectio....
The court upheld the conviction based on corroborative evidence despite non-compliance with Section 65-B of the Evidence Act regarding electronic records.
A conviction under Section 395 of the IPC requires proof of the participation of five or more persons in the commission of dacoity; without such evidence, the conviction cannot stand.
For a conviction under IPC Section 395, participation of five or more persons is essential, and identification procedures must meet legal standards; failure leads to acquittal.
The prosecution must prove guilt beyond reasonable doubt in dacoity cases, and minor discrepancies in witness testimonies do not invalidate the conviction if the overall evidence is credible.
Conviction under Section 395 IPC requires involvement of five or more persons; prosecution's failure to prove guilt leads to acquittal when reasonable doubt exists.
Conviction for dacoity under Section 395 IPC cannot stand if fewer than five persons are charged, highlighting the importance of substantive evidence and adherence to legal definitions.
The prosecution must prove the charge beyond reasonable doubt, and corroborating evidence is essential. Non-examination of key witnesses, lack of corroboration, and inconsistencies in the evidence ca....
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