AI Overview...
Effect of Wrongly Written Name in a Conviction Judgment
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Incorrect or Misleading Names in Judgments - Several sources highlight that incorrect or wrongly written names in conviction judgments can significantly impact the legal validity of the decision. For instance, in Mojan Mahto VS State of Jharkhand - Jharkhand, the judgment is challenged on the grounds that errors in details such as case numbers or names render it legally defective, warranting its setting aside. Similarly, SHIV KUMAR VS STATE OF U P - Allahabad discusses how misapplication of legal provisions (e.g., Section 304-B IPC) and incorrect citations, including names, can lead to appeals and overturning of convictions.
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Impact on Identity and Proceedings - In State of Maharashtra VS Ravindra Kashinath Ghodke - Bombay and State of Maharashtra VS Ravindra Kashinath Ghodke - Bombay, the courts emphasize that incorrect identification or misstatement of accused's identity, especially in cases involving serious charges like rape, can lead to wrongful convictions or acquittals. The courts have noted that errors in recording names or identities can undermine the prosecution's case, but such mistakes do not always automatically invalidate the proceedings if other evidence is credible.
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Legal Consequences of Name Errors - The courts recognize that errors in the spelling or recording of names can affect the outcome of the case, including the validity of convictions. For example, in Mohd. Khaliq VS State Of J. &K. - Jammu and Kashmir, omission of the accused's name in FIR or FIR inaccuracies are discussed, but the courts have held that these do not necessarily affect the credibility of witnesses if their testimonies specifically identify the accused.
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Procedural and Jurisdictional Considerations - In UBABUEZE CHIJIOKE EMMAUNLE @ JOJO Vs STATE (NCT OF DELHI) - Delhi, the importance of proper procedures and jurisdiction is underlined. Incorrect or wrongly written details can lead to jurisdictional issues or procedural errors that may invalidate convictions, especially if the court's authority is questioned due to such mistakes.
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Legal Remedies and Challenges - Several references, such as GAYATRI MISHRA VS STATE OF UTTAR PRADESH - Allahabad, mention that incorrect names or details can be grounds for revising or reviewing judgments, but the procedural rules (e.g., CrPC Section 362) limit such actions. Courts have also pointed out that errors in names, if material, can be grounds for appeal or setting aside judgments, but not all errors automatically lead to invalidation.
Analysis and Conclusion
Errors or wrong writing of names in conviction judgments can have profound legal implications, potentially affecting the validity of the conviction, the identification of the accused, and procedural fairness. While courts acknowledge that such mistakes can undermine the credibility of judgments, they also emphasize that the core evidence and proper identification are crucial. Corrections or appeals are permissible when errors are material or prejudicial, but minor clerical mistakes often do not automatically invalidate proceedings. Overall, accurate recording of names and details is vital for ensuring justice and maintaining procedural integrity in criminal cases.
References: - Mojan Mahto VS State of Jharkhand - Jharkhand - State of Maharashtra VS Ravindra Kashinath Ghodke - Bombay - State of Maharashtra VS Ravindra Kashinath Ghodke - Bombay - Mohd. Khaliq VS State Of J. &K. - Jammu and Kashmir - SHIV KUMAR VS STATE OF U P - Allahabad - Main Pal VS State of Haryana - Punjab and Haryana - Vejeeben Bhikhalal Vash VS State Of Gujarat - Gujarat - UBABUEZE CHIJIOKE EMMAUNLE @ JOJO Vs STATE (NCT OF DELHI) - Delhi - GAYATRI MISHRA VS STATE OF UTTAR PRADESH - Allahabad
Search Results for "Effect of Wrongly Written Name in a Conviction Judgment"
2021 0 Supreme(Jhk) 370 • India - Jharkhand
NAVNEET KUMAR
between them at time of incident such as Maintenance case no. etc. as evident from testimony of P.W.4 herself - Therefore, impugned judgment ... – Criminal Procedure Code,1973 - Section 313 – Offence of House trespass – Voluntarily Causing hurt - Charged - Appeal against conviction ... of conviction and order of sentence dated is bad in law and deserves to be set aside - Appellants of this appeal are on bail and ... The informant Sobha Devi further alleged in her said written report that after being aggrieved by the said....
2018 0 Supreme(Bom) 432 • India - Bombay
SUNIL P.DESHMUKH, P.R.BORA
and claimed to be tried - On report lodged by one Bapurao Eknath Patil (PW7) in the Police Station at Kasoda on 03.05.2001 to the effect ... However, the trial Court wrongly reached to the conclusion that, identity of the accused was not established. ... JUDGMENT : ... P.R. Bora, J. ... 1. ... On report lodged by one Bapurao Eknath Patil (PW7) in the Police Station at Kasoda on 03.05.2001 to the effect that, the accused, in his house committed rape on his minor niece that the investigation was set in motion. ... In the c....
2018 0 Supreme(Bom) 678 • India - Bombay
SUNIL P.DESHMUKH, P.R.BORA
Indian Penal Code,1860 - Sections 342 & 376 - FIR – Quash - Police Station effect that accused in his house ... However, the trial Court wrongly reached to the conclusion that, identity of the accused was not established. ... JUDGMENT : ... P.R. Bora, J. ... 1. ... On report lodged by one Bapurao Eknath Patil (PW7) in the Police Station at Kasoda on 03.05.2001 to the effect that, the accused, in his house committed rape on his minor niece that the investigation was set in motion. ... In the circumstances, learned Counsel....
2009 0 Supreme(Jhk) 1447 • India - Jharkhand
D.N.PATEL, R.R.PRASAD
Court that evidence is whether natural or not—but it is not a rule that every time witness of nearby relative has to be discarded—conviction ... JUDGMENT ... Oral Order: Per D.N. Patel, J. ... This aspect of the matter has not been properly appreciated by the trial court and hence, judgment of conviction and order of sentence passed by the trial court deserves to be quashed and set aside. ... 4. ... --The aforesaid criminal appeal has been preferred by the appellant-accused against the judgment of #HL_S....
2008 0 Supreme(All) 915 • India - Allahabad
ALOK KUMAR SINGH
D., the retrospective effect of section 304-B, I. P. ... The court also highlighted the retrospective effect of section 304-B, I. P. ... Dowry Prohibition Act - Conviction under sections 3/4 Dowry Prohibition Act, 304-B/34, I. P. C., 498-A, I. P. ... C. has any ret rospective effect. Therefore, conviction un der section 304-B, I. P. C. cannot be upheld. ... 9. ... It has wrongly cited one case law of Honble Apex Court i. e. State of Punjab v. Amarjil Singh, 1988 (25) ACC 425 (SC ). to....
2017 0 Supreme(P&H) 877 • India - Punjab and Haryana
T.P.S.MANN, H.S.MADAAN
Place was known to police earlier--Therefore, any subsequent statement made by accused to point out that place does not have much effect ... accused to family members of the deceased –It is not proved that such letter is in handwriting of any of the accused or had been written ... Acquittal--Kidnapping--Allegedly, demand of ransom made through letter--Prosecution failed to establish that such letter has been written ... The accused-convicts, who are appellants before this Court by way of filing the present appeal submit that their appeal ....
2020 0 Supreme(Guj) 722 • India - Gujarat
A.Y.KOGJE
the respondent after the decision of the Scrutiny Committee are without any authority and against the procedure laid down in the judgment ... The admission wrongly gained or appointment wrongly obtained on the basis of false social status certificate necessarily has the effect of depriving the genuine Scheduled Castes or Scheduled Tribes or OBC candidates as enjoined in the Constitution of the benefits conferred on them by the Constitution ... In this regard the judgment of Kumari Madhuri Patil Supra is....
2024 Supreme(Online)(DEL) 32627 • India - High Court of Delhi
MR. JUSTICE SUBRAMONIUM PRASAD, J
Cr.P.C. was required for cognizance of Section 174A IPC, as it is cognizable and does not fall under the provisions requiring a written ... (A) Foreigners Act, 1946 - Section 14 - Indian Penal Code, 1860 - Section 174A - Conviction for illegal stay and non-appearance - ... rigorous imprisonment and fine - Appellant's visa expired in 2012, entered India illegally, and absconded during trial - Court upheld conviction ... The trial was thus without jurisdiction ab initio and the conviction cannot be maintained. IPC or abe....
2008 0 Supreme(J&K) 23 • India - Jammu and Kashmir
NIRMAL SINGH, J.P.SINGH
and does not appear believable that in sudden attack any witness could have noticed the act attributed to these accused-Accused wrongly ... in FIR-Omission to mention name of accused in FIR does not affect the evidence of prosecution witnesses who have specifically named ... ... (b) Ranbir Penal Code-Section 302-Non-mentioning of name of accused ... at the time of occurrence, in his written statement which had been filed by him when his statement under Section 342 Cr.P.C was recorded. ... ... Learned ....
2007 0 Supreme(All) 1695 • India - Allahabad
R.K.RASTOGI
alter, review or recall its order/judgment—Recall application not maintainable. ... of revisionist’s Counsel wrongly printed in Cause List—In view of bar of Section 362 of CrPC—Criminal Court conferred no power to ... revisionist and opposite party’s Counsels—But after hearing AGA—Recall application moved under Section 482 of CrPC—On ground that name ... It may further be noted that in the above case it was pointed out that the Sessions Judge had not written a speaking order for dismissing the appeal, and had w....
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