MAN SINGH versus STATE OF U.P.

MAN SINGH versus STATE OF U.P.

Conviction and sentence set aside as the statement under Section 313 Cr.P.C. was deemed perfunctory, resulting in prejudice to the accused; justice required acquittal given prolonged proceedings and partial sentence already undergone.

Parties
Appellant: Man Singh; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
19 July 2011
Procedural Posture
Criminal Appeal / Final Disposition
Outcome
Appeal allowed; acquittal ordered.
Legal Topics
Excise Act, Conviction, Acquittal, Procedural Fairness
Criminal Law Excise Act Conviction Acquittal Procedural Fairness

Case Brief

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Parties

Man Singh

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Final Disposition

Legal Issues

  1. 1 Whether the conviction under Section 60(2) of the U.P. Excise Act, 1910 can be sustained in light of alleged procedural flaws in recording the accused's statement under Section 313 Cr.P.C.

Ratio Decidendi

Conviction and sentence set aside as the statement under Section 313 Cr.P.C. was deemed perfunctory, resulting in prejudice to the accused; justice required acquittal given prolonged proceedings and partial sentence already undergone.

Court Disposition

Appeal allowed; acquittal ordered.

Orders

  • Orders of courts below set aside.
  • Appellant acquitted.