Court : Mumbai
Reported in : AIR1947Bom187; (1946)48BOMLR764
..... are entitled under section 439(f) of the criminal procedure code to show cause against their convictions, and the learned advocates on their behalf have challenged the validity of their convictions on the ground that their pleas of guilty merely amounted to the admission of the fact of the removal of rice without the district magistrate's permits and that in fact they had no knowledge of the district magistrate's order which had not been ..... prosecution would have had to prove it before the opponents could be convicted, though that burden of proof could have been discharged with the help of rule 119(1) of the defence of india rules, in which case a plea by the opponents that they had no knowledge of the order would not have been available to them inasmuch as when it was once shown that the order was duly published as required by that rule, they would ..... an accused person made such a plea, it would be necessary for the prosecution to rebut it, since, as already stated, it would be implicit in the conviction of an accused person that he knew of the order, and an accused person could not be convicted unless the court came to the conclusion that the defence which he adopted was false, and the prosecution, upon which there is the final burden of proving that an accused person is guilty of the offence, must discharge the ..... was specified in the charge and when the charge was read out and explained to them they pleaded guilty to it without even suggesting that they were unaware of the order. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1947Bom163; (1946)48BOMLR761
..... this is a reference made by the learned district magistrate of surat in a case in which one mahomed musa natali has been, found guilty of contravening the provisions of clause 3 of the bombay retail trade control and licensing order, 1942, and sentenced under rule 81(4) of the defence of india rules, 1939, to a fine of rs. 40. ..... that being so, we are- of the opinion that his plea of guilty does not really amount to an admission that he had committed an offence under clause 3, as we are satisfied that in this case the prosecution not only did not prove all the necessary elements of the offence-that is ..... that allegation not having been met, the charge discloses no offence and the plea of guilty is meaningless. ..... he admitted that lie had sold the jowar 'because he took pity on the persons concerned' and when the charge was read out and explained to him he pleaded guilty. .....
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 : AIR1947Bom388; (1947)49BOMLR148
..... here also the trial was held on a sunday and the application for an adjournment for the obvious purpose of getting legal aid was refused and it was in those circumstances that the accused pleaded guilty, coupling his plea with a prayer for mercy, as this was a first offence. ..... walawalkar on behalf of the accused are that in spite of the plea of guilty this was not a fair trial for two reasons, first because the application for an adjournment in order to seek legal aid was not acceded to, and, secondly, because the whole of the trial took place on a ..... having proceeded with the case, the magistrate then formulated the charge which he read out to the accused and the magistrate asked 'do you plead guilty or not guilty', and then the evidence of the witness (the accused's brother) continues: 'my brother said he pleaded guilty, that it was the first offence and that he should be given pardon'. ..... on being convicted went in appeal to the learned sessions judge at ratnagiri, and he rightly came to the conclusion that no appeal lay to him by virtue of section 412 of the criminal procedure code, because the accused had pleaded guilty. .....
Tag this Judgment!Court : Mumbai
Reported in : (1948)50BOMLR576
..... the position might have been different if the accused had pleaded not guilty and the case had gone to a trial, but inasmuch as the plea of guilty was recorded and no further evidence was led, there is no substance in this complaint of mr. ..... it is important to note that in this case all the four accused pleaded guilty to the charge of having committed an offence under this act, this point was not raised in the court of appeal below and really mr. ..... rege was right inasmuch as the accused have pleaded guilty to the charge, the framing of the charge before a proper prima facie case was made out would at the most be an irregularity which in this case certainly did not prejudice the accused. ..... rege is that no prima facie case was made out before a charge was framed and before the plea of the accused was taken. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom332; (1951)53BOMLR108; ILR1951Bom467
..... the effect of these two sections read together is that the accused is to be charged with the previous convictions at the same time when he is charged with the subsequent offence, & if he is found guilty of that offence, he will be tried on the charge of previous convictions, by reason of which he is liable to enhanced punishment. ..... there was, therefore, a plea of guilty, upon which the learned mag. ..... 253 shri walavalkar took up the point that the plea of the accused was not properly taken down. ..... the conviction in each case was based upon a plea of the accused, viz. ..... now, the plea that was taken down is to be found in col. no. .....
Tag this Judgment!Court : Mumbai
Reported in : (1954)ILLJ281Bom
..... as we said below, had it not been for what we consider to be a plea of guilty by the petitioner, we would certainly have taken the view that the employer has not complied with the mandatory provisions and in not complying with the mandatory provisions it has not held ..... have taken a very serious view of this chargesheet but for the fact, as already pointed out, that the petitioner in the course of the enquiry has clearly pleaded guilty to the charge, and it is difficult to accept the contention of mr. ..... chari that an accused person who pleads guilty to the offence with which he is charged can make a grievance of the charge that the charge was not a ..... if he deliberately refuses to give that minimum, he is as much guilty of misconduct as he would have been if he did not come up to the minimum if such a minimum had been prescribed under the contract of ..... his employer and therefore it is obligatory upon him to work with average speed and normal skill, and if he refuses to do so and slows down, his conduct would be prejudicial to the interest of the employer and he would be guilty of misconduct within the meaning of standing order 23(c). ..... was charged with and what he has been found guilty of is wilful slowing down of work. ..... on these admissions that the petitioner wilfully reduced the work and was guilty of misconduct of slowing down.4. mr. ..... behalf of the petitioner has emphasized and his first contention is that a piece-rated worker can never be held to be guilty of blowing down production. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom230; 1956CriLJ496; [1956]7STC413(Bom)
..... the learned trial magistrate accepted the plea of guilty and thought that it was a case in which the accused should be given a chance to improve and, therefore, a lenient punishment would serve the purpose of justice.accordingly the learned trial magistrate sentenced the accused for ..... he stated that he pleaded guilty and pleaded for mercy. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1962Bom202; (1962)64BOMLR127; ILR1962Bom134
..... the learned judicial magistrate, first class at barsi, before whom she was put up, accepted this plea of guilty and convicted her of the offences with which she was charged and sentenced her to six months simple imprisonment and a fine of rs. ..... though he negatived the contention of the accused that the plea recorded by the magistrate was not genuine, as the other two points were answered in her favour, he acquitted her of these offences. ..... the respondent pleaded guilty to the charge against her. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom6; (1964)66BOMLR281; 1965CriLJ15; ILR1964Bom656
..... therefore, the mere fact that the person who is selected for committing such violations is a woman, will not be a very relevant circumstances, it is true that this middle aged woman has the misfortune of being found d guilty on serious charges and, may have to suffer further indignity and her prospects in life may become bleak if she is sent to jail. ..... she therefore prayed for leniency as she had accepted the plea of guilty. ..... (4) when the accused was examined by the learned magistrate as to the evidence and the record against her, she stated as follows :' i pled guilty to the charges framed against me. ..... (6) the learned chief presidency magistrate on these facts passed the following order :'accused pleads guilty. .....
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