Court : Mumbai
Reported in : AIR1919NULL160; 52Ind.Cas.604
..... i feel perfectly certain in my own mind that the accused never intended by his plea of guilty to admit more than that the fasts alleged against him were true. ..... with that we have nothing to do, we have merely to decide whether the present applicant is guilty of the offence of cheating, and, in my opinion, it is not a matter even of the slightest doubt--[ hold that it is perfectly clear-that he never committed the offence of cheating in this matter at all.4. ..... ' therefore, i shall proceed to deal with the case as if there were no plea of guilty.3. ..... first, i will deal with the plea of guilty. ..... whether on those facts he ought to be held to have committed the offence of cheating is really a question of law, as to which the plea of the accused must be considered immaterial. ..... the accused pleaded guilty to the charge. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2004Bom270; 2004(5)BomCR126; 2004(2)MhLj765
..... reported in 10 weekly reports 56, the division bench of calcutta high court has held that the plea of guilty in a criminal court could be considered as evidence though not a, verdict of conviction in a criminal ..... the next question to be considered is whether an admission contained in a plea of guilty recorded by a criminal court be admissible as an evidence and can form a basis of a decreeing a ..... an unretracted plea of guilty voluntarily entered by the accused in a criminal proceeding would be admissible in a civil proceedings though what weight should be given to it would depend upon facts and circumstances in each ..... 1) the learned additional chief metropolitan magistrate recorded the plea of guilt and convicted him for the offences under sections 408, 465, 467, 468, 471 and 420 of the indian penal code as ..... on a plea of guilty, the defendant ..... of his defence, made a written application before the learned additional chief metropolitan magistrate on 6th october, 2001 in which he stated :'after recording the evidence of the prosecution witness, the accused want to plead guilty before the court. ..... , in my opinion, the plea of guilt by the defendant ..... guilty. ..... was an accused therein had initially pleaded not guilty. ..... 1 is guilty for the offence of cheating, criminal breach of trust, forgery etc may not per se be binding on a civil court and cannot per se form the basis of ..... order xii, rule 6 of the code of civil procedure, on the basis of the criminal conviction based on the plea of guilt. .....
Tag this Judgment!Court : Mumbai
Reported in : (1947)49BOMLR25
..... not think that this is a correct decision, and it seems to me that the practice ordinarily followed in such a case, namely, to treat the accused's plea as if it had been one of not guilty, seems to me to be correct; it seems to me obvious that the legislature could not have intended that in such an event the accused should be discharged.17 ..... accepted, there is no provision in the code for proceeding with the trial, because section 272 does not apply where the accused has pleaded guilty.section 271 seems to mean that where the accused pleads guilty, the court need not necessarily record a conviction against him-his plea shall be recorded, and, in a suitable case, the court may leave the matter there and discharge him. ..... the learned judge, after referring to the terms of section 271(2) which says that after the accused's plea is recorded 'he may be convicted thereon', has said that as a matter of fact judges prefer not to accept the plea of guilty in a murder case which involves the sentence of death, because they want to know the circumstances under which the murder was committed and whether the accused really understood what he ..... is brought before the court; (2) the charge is read out and explained to the accused and he is asked if he is guilty or claims to be tried; (3) the accused makes his plea and if it is a plea of guilty, it is recorded; and (4) if the accused refuses to, or does not plead guilty or if he claims to be tried, the court proceeds to choose jurors to try the case. .....
Tag this Judgment!Court : Mumbai
Reported in : (1931)33BOMLR340
..... in the present case the admission of the accused has not been taken in the words used by him as required by section 243, the difficulty in accepting the plea of guilty in this case is enhanced by the fact that the date and the number of the government notification declaring the illegality of the association is different from the date and number of the notification under which the ..... i am disposed to agree that there would be no answer to that if the accused had pleaded guilty and the plea of guilty had been accepted, but in deciding this case in which the magistrate hoard evidence and merely recorded the plea of guilty, one has to consider the provisions of the criminal procedure code. ..... now it seems to me that if the magistrate exercises his discretion under section 243 by not accepting the plea of guilty and proceeds to hear evidence, he must then satisfy himself that the evidence which he hears justifies a conviction. ..... the only argument on behalf of the crown is that there is a plea of guilty and the result of the plea of guilty is that under section 412 the accused is precluded from questioning the legality of his conviction. ..... the suggestion made by the learned government pleader is that where you get a plea of guilty it is not necessary to go into any question of evidence, and, therefore, neither of our decisions, both of which as i have said dealt with evidence, is applicable. .....
Tag this Judgment!Court : Mumbai
Reported in : 1985(1)BomCR47; (1984)86BOMLR347
..... perfectly certain in my own mind that the accused never intended by his plea of guilty to admit more than that the facts alleged against him were true. ..... looking to the nature of the complaint and the texture of the evidence led in this case, it is apparent that the petitioner never intended by his plea of guilty to admit more than the facts alleged against him were true. ..... facts before the court no offence has been made out, and the plea of guilty must be held to be immaterial in these circumstances.15. ..... that the petitioner's plea of 'guilty' would, therefore, be of no relevance whatsoever, for the petitioner could never have been convicted on the material placed before ..... make out this case, then ex facie no offence was disclosed and no further proceedings could lie nor could any subsequent proceedings continue, much less would the question of the petitioner putting in a plea of guilty or otherwise arise.5. mr. ..... proceed to deal with the case as if there were no plea of guilty.'mr. ..... this case the learned judge observed :'first i will deal with the plea of guilty. ..... looking to all this, the fact that the accused has pleaded 'guilty' in this case can only be a matter of prejudice. ..... that the charges being defective, the plea of guilt of the accused would be immaterial and of no consequence whatsoever and the conviction must hence ..... facts he ought to be held to have committed the offence of cheating is really a question of law, as to which the plea of the accused must be considered immaterial. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001ALLMR(Cri)276; 2001CriLJ1629
..... if, therefore, the essential ingredients of section 27 are not satisfied the plea of guilty cannot lead the court to convict the appellant.12. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001ALLMR(Cri)1643; (2002)104BOMLR602
..... during the trial, an attempt was made on the part of defence to take a plea of insanity of the accused, but it was negatived by the learned sessions judge, who, having found him guilty under section 302 of the indian penal code, convicted and sentenced him to suffer imprisonment for life and to pay a fine ..... settled position that though the onus of establishing the prosecution case is on the prosecution and it never shifts, when the accused raises a plea of the said exception, the court is bound to presume non-existence of such an exception because of section 105 of the evidence act. ..... the accused, when questioned by the court while recording his plea of guilty, has specifically denied that he is a person of unsound ..... to conclude, we have no hesitation that the finding of the sessions judge that the accused is guilty of having committed murder of gokula is proper, and, therefore, the conviction and sentence passed by the sessions judge does not call for ..... learned sessions judge did not accept the plea of guilty and felt that accused deserves to be ..... state of maharashtra (supra), this court had an occasion to deal with the plea of insanity and in para 8 of the reported judgment, held as under:section 84 of the indian penal code states that nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of ..... the learned sessions judge found that the accused is guilty of having committed an offence under section 302 of the indian .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1967Bom52; (1966)68BOMLR516; 1967CriLJ165
..... sessions judge, therefore, was right in holding that the particulars of the offence which are explained to the accused were not complete and merely on the statement of the accused that they are guilty in reply to the particulars explained to them, they could not have been convicted under section 5 of the act. ..... of the learned magistrate therefore, convicting these applicants accused on their plea of guilty would be prejudicial and must be set aside. ..... (5) the third defect according to the learned sessions judge was that the plea has not been recorded by the learned magistrate in the manner in which it should have been recorded ..... according to him the necessary ingredient for holding the accused guilty in both the cases was to establish that sudhakar was keeping a common gaming house, and unless this ingredient was proved, the accused could not ..... the learned sessions judge has also rightly observed that the plea of the accused has not been properly recorded by the ..... (6) section 5 of the bombay prevention of gambling act holds a person guilty of an offence if he is found in any common gaming-house, gaming or present for the purpose ..... according to the learned sessions judge, the plea should have been in the words of the accused as nearly as possible and what is recorded in fact by the learned magistrate is his own ..... as put to the applicants-accused, the offence is not brought home to the applicants and the conviction of the applicants on the basis of their pleading guilty was not proper. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1917Bom220; 40Ind.Cas.699
..... the learned judge below has explained very carefully and fully why he adopted the course of convicting the accused on his own plea, and it seems to me clear from the judgment that the learned judge gave the matter much consideration and acted as he thought for the best in the circumstances of some novelty. ..... 337 where it is laid down that 'it is not in accordance with the usual practice to accept a plea of guilty in a case where the natural sequence would be a sentence of death '. ..... for the question which we have to determine is, assuming that the appellant is guilty of the murder, whether the sentence of death should or should not be enforced. ..... this is a case of some peculiarity inasmuch as the appellant has been convicted of murder on his own plea and has been sentenced to death, there being no evidence recorded in the court of session. ..... 337, that the accused be tried in accordance with law notwithstanding his plea of guilty.shah, j.3. ..... it may be that there are cases of murder where the circumstances would be so clear that a bench of this court would have no difficulty in confirming the capital sentence on the accused's mere plea of guilty. ..... the learned judge below points to section 271 of the criminal procedure code and observes quite correctly that he was bound to record the accused's plea of guilty. .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(1)BomCR714; 1993CriLJ2777; (1999)IIILLJ11Bom
..... 1980crilj553 , wherein a situation arose under the provisions of the prevention of food adulteration act, 1954 that an accused having pleaded guilty before the trial court faced the prospect of enhancement of the sentence because the law provided for a minimum of three months' ..... the short point raised in the appeal is that admittedly the accused, who were directors of the mills, had pleaded guilty to certain breaches of the provisions of the act on earlier occasions and that, consequently, the sentence imposed, which is below the minimum as prescribed by the act, is in ..... shri vashi admitted that the practice of accepting a plea of guilty before the trial court in relation to situations where the accused will be visited with a minimum jail sentences or minimum fine which is ..... the present set of cases is that, undoubtedly, there may be nothing on record to indicate that the accused were induced to plead guilty on the ground that they would be let off with a light sentence. ..... he submitted that the origin of this system is obviously rooted in the concept of 'plea-bargaining' and that even if it may be permissible as regards petty or trivial offences where liabilities are serious and where the statute prescribe a minimum sentence, it is improper on the part of ..... to the aspect of the legal liability of the directors, but i have refrained from examining that aspect of the matter because, to my mind, once a plea of guilty has been recorded, it would not be permissible to go behind that plea. .....
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