SEKENDAR SHEIKH AND ANOTHER versus STTE OF WEST BENGAL

SEKENDAR SHEIKH AND ANOTHER versus STTE OF WEST BENGAL

Acquittal of the accused for one offence does not preclude the use of evidence relating to that offence as corroboration for conviction in another offence; the High Court was justified in convicting the appellants for forgery and abetment based on evidence even though acquitted for false personation and no appeal was preferred against the acquittal.

Parties
Appellant: Sekandar Sheikh; Appellant: Hasibuddin Sheikh; Respondent: State of West Bengal
Jurisdiction
India
Judgment Date
08 February 1963
Procedural Posture
Criminal Appeal / Appeal From Judgment and Order of Calcutta High Court in Reference No. 10 of 1960
Outcome
Appeal dismissed
Legal Topics
Forgery, False Personation, Abetment, Admission of Evidence, Jury Verdict, Criminal Procedural Law
Criminal Law Forgery False Personation Abetment Admission of Evidence Jury Verdict Criminal Procedural Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sekandar Sheikh

Appellant

Hasibuddin Sheikh

Appellant

State of West Bengal

Respondent

Procedural Posture

Criminal Appeal / Appeal From Judgment and Order of Calcutta High Court in Reference No. 10 of 1960

Legal Issues

  1. 1 Whether evidence about acquitted offence can be used to convict for another related offence
  2. 2 Whether reference to High Court under s. 307 CrPC was justified when jury returned guilty verdict
  3. 3 Admissibility of thumb impression evidence after acquittal for related offence

Ratio Decidendi

Acquittal of the accused for one offence does not preclude the use of evidence relating to that offence as corroboration for conviction in another offence; the High Court was justified in convicting the appellants for forgery and abetment based on evidence even though acquitted for false personation and no appeal was preferred against the acquittal.

Court Disposition

Appeal dismissed

Orders

  • Conviction of both appellants under s. 467 and s. 109 Indian Penal Code upheld
  • Sentence of rigorous imprisonment for two years to each appellant confirmed