Judgment Search Results Home > Cases Phrase: guilty plea Sorted by: recent Court: kerala Page 1 of about 19,673 results (0.065 seconds)

Sunil Scaria Vs. The State of Kerala represented by the Public Prosecu ...

Court : Kerala

..... below and after complying with the formalities under section 207 of the code of furnishing the documents, the particulars of offences were read over to the accused persons and they pleaded guilty and court below accepted the plea of guilty as voluntary and convicted the accused persons for the respective offences alleged and sentenced them directing to pay fine with default sentence under respective provisions for which they have been ..... . power has been given to the magistrate under section 20 of the act on finding guilty of driving the vehicle in violation of the provisions of the motor vehicles act, to suspend the driving license of the driver for a particular period as part of the sentence to be imposed on the driver of the vehicle. 9 ..... court below accepted the plea of guilty as voluntary and convicted them for the offence alleged and sentenced the 1st accused to pay a fine of rs.1,500/- under section 3 read with section 181 and 192 of motor vehicles act and sentenced the ..... apart from the findings them guilty and sentencing them for the offence alleged, the learned magistrate had passed the following order also in paragraph 5 of the judgment which reads as follows:- "considering the gravity of the offence and the manner in ..... on appearance of the accused before the magistrate, after complying with the formalities, the particulars offences were read over and explained to them and they pleaded guilty. .....

Shyni Vs. State of Kerala

Court : Kerala

..... another reported in (1992) 3 scc700 has held that on the accused pleading guilty, his conviction can be founded upon confession or admission of guilt made by the accused at any stage including the stage of making statement under sec.313 and while acting upon the plea of guilt of the accused, court must approach with caution and circumspection to ensure that the plea is clear and unqualified and the admission of facts constitutes the crl.mc.2363 ..... it was held in that case that there is no implication that when an accused in the course of the trial withdraws his claim to be tried and plead guilty, the court is not entitled to record the plea either accept it or continue the trial. ..... to prevent the court from recording the plea of guilty and convict the accused if the plea is found to be voluntary.4. ..... :- accused pleading guilty, conviction can be founded upon confession/admission of guilt made by the accused at any stage of the trial including the stage of making statement under sec.313 and that while acting upon the plea of guilt of the accused, court must approach with caution and circumspection to ensure that the plea is clear and unqualified and the admission of the facts constitutes the offences, etc ..... to record the plea of guilty in the crl.mc.2363/15 - ..... to record the plea of guilty in the course of trial and convict the accused on his subsequent admission of ..... the court to permit an accused to withdraw his claim to be tried and convict him on a plea of guilty rendered subsequently. .....

Abdul Jaleel, S/O.Mammad Koya Vs. Station House Officer, City Traffic ...

Court : Kerala

..... other hand, the learned public prosecutor appearing for the respondent submitted that there is nothing to disbelieve the proceedings recorded by the learned magistrate in the proceedings paper that he had pleaded guilty and relying on that plea of guilt, entered the conviction and as such, there is no illegality committed by the court below and mere irregularity will not vitiate the conviction unless prejudice has crl.m.c.no.5918 of 2013 ..... and in cases coming under clause (ii), clause (iii) or clause (iv) of sub-section (1) of section 260, the value of the property in respect of which the offence has been committed; (g) the plea of the accused and his examination (if any), (h) the finding; (i) the sentence or other final order; crl.m.c.no.5918 of 2013 10 (j) the date on which proceedings terminated.10. ..... with conviction of plea of guilty in the absence of accused in the petty cases where it was mentioned that if a special summons has been issued to the accused as provided under section 206 of the code, and if a statement has been sent by the accused along with his intention to plead guilty, then that can be accepted by the crl.m.c.no.5918 of 2013 11 magistrate and can convict without recording the plea of the accused ..... section 252 of the code says that if the accused pleads guilty, the magistrate shall record the plea as nearly as possible in the words used by the accused ..... learned magistrate was satisfied that the plea was voluntarily and it is on that basis that he found him guilty. .....

P. Kuknhappa Nair and Co. Vs. Deputy Commissioner of Income-tax and an ...

Court : Kerala

Reported in : [2010]322ITR437(Ker)

p.s. gopinathan, j.1. in a prosecution for offence under section 277(ii) read with section 278b of the income-tax act, 1961, the revision petitioner pleaded guilty before the additional chief judicial magistrate (eo), ernakulam in c.c. no. 148 of 1990. the learned magistrate recorded the plea of guilty. the revision petitioner was accordingly convicted and sentenced to a fine of rs. 50,000. the revision petitioner preferred crl. a. no. 241 of 2001. when the criminal appeal came up before the vth additional sessions judge, ernakulam, the revision petitioner argued that in the light of the decision in prem dass v. ito : [1999] 236 itr 683 (sc) : [1999] 5 scc 241, the charge should not have been framed. after setting aside the conviction and sentence, the learned additional sessions judge remanded the case to the trial court for fresh disposal. assailing the legality, correctness and propriety of the above order of remand in appeal, this revision petition was filed.2. having heard either side, i find that the question as to whether the ratio of the decision in the above reported case is applicable to the case on hand is a matter that can be examined by the trial court. the appellate court had not at all in any way erred in remanding the matter to the trial court. there is no illegality or impropriety also. i find no merit in the revision petition. accordingly it is dismissed.

Santhosh Vs. State of Kerala

Court : Kerala

Reported in : 2003(1)KLT795

..... it was held in that case that there is no implication that when an accused in the course of the trial withdraws his claim to be tried and plead guilty, the court is not entitled to record the plea either accept it orcontinue the trial. ..... to prevent the court from recording the plea of guilty and convict the accused if the plea is found to be voluntary. 4. ..... if an accused is allowed to withdraw his claim to be tried and plead guilty, an earlier termination of the trial can be secured and wastage of the precious time of the court can be avoided. 5 ..... to record the plea of guilty in the course of trial and convict the accused on his subsequent admission of guilt ..... to a particular date or occasion but the purport of section is obvious that plea of guilt can be advanced by an accused at any stage of the trial after framing charge ..... enabling the court to permit an accused to withdraw his claim to be tried and convict him on a plea of guilty subsequently. ..... the allahabad high court held that a plea of guilt can be taken at any stage of trial after framing ..... learned counsel for the petitioner strongly contended that an accused is entitled to withdraw his claim to be tried and plead guilty at any stage of the trial. ..... it open to an accused to withdraw his claim to be tried and plead guilty in the course of the trial? ..... the guilt is admitted by the accused and the admission is found to be voluntary, there is no reason why the court should not allow him to withdraw his claim to be tried and plead guilty. .....

Gopalakrishnan Vs. State of Kerala

Court : Kerala

Reported in : 2002CriLJ2490; II(2001)DMC492

..... 246 provides that if the accused refuses to plead guilty or does not plead guilty or claims to be tried or if the accused is not convicted on a plea of guilty, he shall be required at the commencement of the next hearing of the case, or, if the magistrate for reasons to be recorded in writing, so thinks fir, forthwith, whether he wishes to cross-examine any, and , if so, which, of the witnesses for the prosecution .....

Noorjahan Vs. T.T. Moideen and ors.

Court : Kerala

Reported in : 2000CriLJ4264

..... provisions would reveal that the court has to meet the following situations while taking the plea of the accused :(1) where the accused makes a plea of 'not guilty',(2) where the accused makes a plea of 'guilty' but the court, instead of convicting the accused, proceeds to take evidence,(3) where the accused makes a plea of 'guilty' and the court proceeds to convict him on the plea of 'guilty'.it is now to consider whether a uniform procedure need be followed by the court in all the above ..... situations and direct the personal attendance of the accused or the counsel can be permitted to make the plea of the accused in all ..... the above provisions would make it clear that even if the accused makes a plea of guilty, the court is not obliged to accept the plea of the accused and to convict him thereon but the court has the discretion to direct the prosecution to produce evidence and to try the case without convicting the ..... the counsel can be allowed to answer the charge framed by the court and make the plea of guilty or not guilty for and on behalf of the accused in warrant cases is the question for consideration.2 .....

C. Gopinathan Vs. Krishnan Ayyappan and ors.

Court : Kerala

Reported in : 1991CriLJ778; I(1990)DMC32

..... the former is restricted to cases in which the accused is convicted on a plea of guilty and the latter is restricted to cases in which the state directs the public prosecutor to appeal to the high court against the sentence on the ground of insufficiency. ..... the trial magistrate found the two respondents not guilty and acquitted them. .....

Varghese Alias Sibi Vs. State of Kerala

Court : Kerala

Reported in : 1989CriLJ2041

..... section 254 says that when a magistrate does not convict the accused on his plea of guilty 'the magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear-the accused and take all such evidence as he produces in his defence'. ..... when the accusation against him was read over to him, he pleaded not guilty thereto. .....

K.P. Sukumaran Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : (1990)ILLJ326Ker

..... he prayed for a reconsideration of the decision stating that the conviction was based on his plea of guilty, that the conviction was not for any offence involving moral turpitude and that an offence under the kerala gambling act did not cast any stigma preventing an appointment being made. ..... he submits that if only the petitioner has been given an opportunity to state his case, it would have been possible for him to contend that a conviction for a minor offence under the gambling act on a plea of guilty was not so serious as to debar him from being appointed.7. ..... , the point that was raised for clarification was:'whether the orders applicable in cases of officials guilty of offence under i.p.c. ..... the plea of arbitrariness cannot, therefore, be upheld, on the materials made available'. .....