Court : Mumbai
Reported in : 1988(1)BomCR620; (1988)90BOMLR4
..... and such further evidence, if any, as he may, on his own motion, cause to be produced to find if the accused is not guilty upon such evidence and only thereafter he can record the order of an acquittal. ..... on 11th august, 1980 his plea of not guilty was recorded. ..... on 11th august, 1980 the accused pleaded not guilty and hence the case was adjourned to 19th august, 1980 for recording prosecution evidence. ..... (2) where the magistrate does not proceed in accordance with the provisions of section 325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him according to law. ..... for acquittal or conviction, reads thus :-'255 (1) if the magistrate, upon taking the evidence referred to in section 254 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilty he shall record an order of acquittal. ..... the matter was adjourned for plea of the accused to 11th august, 1980. ..... he pleaded not guilty and the case was adjourned for prosecution evidence to 19th august, 1980. ..... in the present case the plea of the respondent accused was recorded on 11th august, 1980. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(2)MhLj323
..... , 1973 (hereinafter referred to as 'code' ) provides that when in a summons case the accused appears or is brought before the magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge. ..... it is for the purpose of recording his plea in clear terms for knowing whether he is pleading guilty or whether he desires to be tried.8. ..... after stating the particulars of the offence to him and recording his plea, the petitioner is at liberty to move an application before the magistrate in view of section 205 of the code for dealing with the submission which has been advanced by shri marwadi in respect of exemption. ..... the magistrate is further obliged to record the plea of such an accused in his own language as the spirit of section 251 of the code demands. .....
Tag this Judgment!Court : Mumbai
Reported in : II(2002)DMC168
..... there has been inordinate delay in recording statements and dying declaration of the victim and other material witnesses and, therefore, as the prosecution has failed to explain this inordinate delay in initiating the investigation, the plea taken by the appellant-accused that he was falsely implicated and that he was sitting out when his wife caught fire and came out shouting, is quite probable. mr. ..... we have already held that the appellant-accused cannot be found guilty of having committed offence either under section 498-a or section 302, i.p.c. ..... 36 of 1995, under which the appellant-accused has been found guilty of having committed murder of his wife mahananda by pouring kerosene and by setting her on fire by burning stick from hearth, and so also for subjecting her to cruelty with a view to satisfy his illegal demand of money from ..... trial court also found that the prosecution has proved that the appellant-accused subjected mahananda to cruelty and, therefore, found him guilty of having committed offence under section 302, i.p.c. ..... the appellant-accused pleaded not guilty to the charge and claimed to be tried. ..... it is in this background that we find the plea taken by the appellant-accused appears to be probable when he stated in his examination under section 313, cr.p.c. ..... according to the plea taken by the appellant-accused in his defence, after mahananda returned from her parents' house, she was working inside the house and he was sitting outside. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1946Bom38; (1945)47BOMLR998
..... as a matter of fact, as we have pointed out, the learned judge himself directed the jury that on the facts it was possible for them to come to a conclusion that the accused was guilty neither of murder nor of culpable homicide not amounting to murder, but only of grievous hurt. ..... we must 'be satisfied that the only possible view on the evidence was the view that the accused was guilty and that the jury were manifestly perverse in the decision at which they arrived. ..... 1083):if he had been charged with murder alone, no doubt a verdict of ' not guilty' would protect him from another trial for culpable homicide ; and should he be acquitted of culpable homicide he will be protected from a trial for any offence involving hurt: but where a charge was made, the case ..... with regard to the other person the jury brought in a verdict of not guilty on the charge of murder, but brought in a verdict of five to four on the charge of culpable ..... under the circumstances we refuse to interfere with the unanimous verdict of not guilty arrived at by the jury on the charge of culpable homicide not amounting to murder ..... it must be remembered that we are dealing with a unanimous verdict of not guilty arrived at by the jury on the charge of culpable homicide not amounting to murder, and the court must always be reluctant to interfere with a verdict of the jury especially when it is a unanimous ..... he is being tried on the original indictment, and i consider that he is being tried on his first plea of ' not guilty. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1974Bom181; 1974MhLJ338
..... ' the appellant before the court of criminal appeal was a person who had pleaded guilty and the argument there was that since the judgment of conviction was pronounced without any verdict and was in consequence of the plea of guilty, the court had no power to substitute any other sentence for the one which was quahed. ..... yet, were we to hold that these words 'warranted in law by the verdict' do apply to a case in which sentence has followed on a plea of guilty, we could give them no other effect. ..... ' the court of appeal thus held, ignoring those words, that even in a case where the appeal was by a person, who had pleaded guilty, after the sentence was quahed, the new sentence could be substituted.8. ..... they are not necessary to enable the court to pass a substituted sentence for one quashed where the appellant has been found guilty by a jury, and we cannot believe that they were deliberately inserted for the express purpose of disabling the court or limiting its power on the consideration of an appeal against sentence by one who has pleaded guilty. ..... , rejecting the contention of the accused, observed as follows:'it appears to us unreasonable to place the court of criminal appeal in the position of having either to leave the sentence untouched or to release the guilty person unpunished. .....
Tag this Judgment!Court : Mumbai
Reported in : 1997CriLJ1724
..... 1 - vishnu parameshwar yadav additionally has been found guilty for the offence under section 376 of the indian penal code. 2. ..... the accused persons abjured there guilt and raised the plea that they were not guilty. ..... on this back-drop of rival contentions, it has to be seen whether the accused persons are, in any manner, guilty as held by the trial court. 12. ..... 3 guilty of kidnapping because she had not taken the prosecutrix out of the lawful guardianship without the consent of such guardians. ..... he also raised a plea that prosecutrix was falsely implicating him. ..... in short, he made a plea of complete denial. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(51)ELT295(Bom)
..... 1 initially pleaded not guilty but subsequently at some stage before recording of evidence pleaded guilty and accepting the said plea of guilt of the accused no. ..... 1 gave an application and pleaded guilty and accepted the said plea of guilt he was convicted by the learned additional chief metropolitan magistrate. ..... 1 at a later stage pleaded guilty he was separated and convicted and then trial proceeded against the accused no. 2. ..... 2 was also found guilty of the offence under sec. ..... 2 as he had not pleaded guilty. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(33)LC729(Bombay)
..... i initially pleaded not guilty but subsequently at some stage before recording of evidence pleaded guilty and accepting the said plea of guilt of the accused no. ..... i gave an application and pleaded guilty and accept the said plea of guilt he was convicted by the learned additional chief metropolitan magistrate. ..... 1 at a latter stage pleaded guilty he was separated and convicted and then trial proceeded against the accused no. 2. ..... 1 initially pleaded not guilty and claimed to be tired. ..... 2 was also found guilty of the offence under section 135( i)(a), 135(1 )(b) read with 135( i)(ii) of the customs act and section 5 of imports & exports (control) act, 1947 and he was sentenced to pay a fine of rs, 2000/- on each of the two counts namely ..... 2 as he had not pleaded guilty. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2002)81ITD401(Mum.)
..... pardiwalla's poser is that the assessee can escape penal consequences under section 271(1)(c) only if, he (the assessee) takes a legal or principled plea or stand, after having disclosed all material facts fully and truly, including those which are buried or imbedded in the record of which the income-tax authorities have no reasonable means of knowing and those ..... pardiwalla, she contended that the facts of each case may be different and the question as to whether the assessee is guilty of concealment of income has to be answered with reference to the facts of the particular case and mere reliance on decided cases is not ..... we are in broad agreement with the principle stated therein but our decision that the assessee before us is guilty of concealment of income is based on the fact that a material or vital fact was withheld by it or was not disclosed to the income-tax authorities in the manner and light in which it was obligatory for the assessee to ..... contended that when all the facts are furnished to the taxing authorities and a legal plea is taken that the transaction does not attract tax it can hardly be said that the assessee was guilty of concealment of income unless the contention is dishonest, mala fide or frivolous. ..... , the receipt of monies near-equal to the value of the transferred asset, the assessee would still be guilty of concealment of income inasmuch as even on the stated facts there can be no escape from the conclusion that the assessee had earned taxable business .....
Tag this Judgment!Court : Mumbai
Reported in : (1908)10BOMLR848
..... a disposition not to obey lawful authority of the government, or to subvert or resist that authority, if and when occasion should arise, and if he does so with the intention of creating such a disposition in his hearers or readers, he will be guilty of the offence of attempting to excite disaffection within the meaning of the section, though no disturbance is brought about by his words or any feeling of disaffection, in fact, produced by them'. ..... madams from the complainant, but before there was time to do anything further in pursuance of his purpose, the axe was snatched out of the accused's hands; held, that the accused was not guilty of an attempt to commit murder as neither of his acts could per se have caused death. ..... done nothing but considered and considered most anxiously in the eventuality of a verdict of guilty being returned against you what sentence to pass on you.67. ..... think i could pass consistently with my duty and consistently with the offence of which you have been found guilty a lighter sentence than that i am going to give you. ..... to a plea of guilty.davar, j.61 ..... you think that the accused is not guilty by all means without fear or favour ..... they are liable to be prosecuted and whether they are guilty of sedition, it is not our duty to inquire ..... your minds and if you think these are the articles that are legitimate articles that a journalist can write without transgressing the provisions of section 124a by all means return a verdict of not guilty in favour of the accused. .....
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