Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State Of Gujarat – Appellant
Versus
Kaysinh Dhulsinh Makwana – Respondent
| Table of Content |
|---|
| 1. the foundation of the appeal and the context of the charges. (Para 1 , 2) |
| 2. arguments regarding the inadequacy of the lower court's judgment. (Para 3 , 5) |
| 3. court observations on evidence and its implications for the acquittal. (Para 4 , 6 , 8 , 9) |
| 4. conclusion of the court affirming the acquittal. (Para 10 , 11) |
JUDGMENT :
1.1. The respondent hereinafter is referred to as ‘the accused’ as he stood in the rank and file in the original case, for the sake of convenience, clarity and brevity.
2.1. Sub-Auditor, N.K. Nivedi, conducted the audit of Lalpur Milk Producers Co-operative Society, Lalpur (Gambhoi), Taluka Himmatnagar for the period from 01/04/1998 to 30/04/1998. At that time, the accused was serving as the Secretary of the Society and was responsible for maintaining accounts, record-keeping, collections, and custody of cash. During the audit on 16/09/1998, when the outstanding cash balance was verified and demanded, the accused failed to produce an amount of Rs.31,430.36 paisa. It was found that the accused had misappropriated the said amount for his personal use. Accordingly, after due procedure, a complaint was lodged at the Gambhoi Police Station which came
The presumption of innocence and the necessity of proving guilt beyond reasonable doubt were upheld, leading to the dismissal of the appeal.
The appellate court must respect the presumption of innocence and can only overturn acquittals if the trial court's findings are perverse or unsupported by reasonable conclusions.
Partial deposit towards audit-found shortage by entrusted salesman does not admit guilt of criminal breach of trust; prosecution must prove dishonest misappropriation or personal use beyond doubt, es....
For a conviction under Sections 408 and 114 IPC, the prosecution must prove beyond reasonable doubt the accused's dishonest misappropriation and direct involvement in the alleged offence.
Where trial court allows itself to be beset with fanciful doubts, rejects creditworthy evidence for slender reasons and takes a view of evidence which is but barely possible, it is obvious duty of Hi....
Point of law: So far as the presumption under Section 20 of the PC Act is concerned, it trite that even the presumption under Section 20 of the PC Act can be drawn only if an accused person has accep....
Point of law : where the trial court allows itself to be beset with fanciful doubts, rejects creditworthy evidence for slender reasons and takes a view of the evidence which is but barely possible, i....
In criminal cases, the prosecution must prove charges beyond reasonable doubt, and the accused are presumed innocent unless proven otherwise.
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
