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Kantilal Ambalal and anr. Vs. State of Gujarat - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtGujarat High Court
Decided On
Case NumberCriminal Appeal Nos. 8 and 9 of 1965
Judge
Reported in1968CriLJ758
ActsEvidence Act, 1872 - Sections 74 and 77; Code of Criminal Procedure (CrPC) , 1989 - Sections 75
AppellantKantilal Ambalal and anr.
RespondentState of Gujarat
Appellant Advocate H.K. Thakore, Adv.
Respondent Advocate A.D. Desai, Asst. Govt Pleader
Excerpt:
- 1. both these appeals are allowed and the convictions and sentences of both the appellants are set aside, because there is no evidence to prove the warrant in question. a warrant is a public document, and the only way to prove such a document is by production of certified copy of the same. a certified copy is not produced in this case. the appeals are, therefore, allowed and the convictions and sentences of the appellants are set aside.
Judgment:

1. Both these appeals are allowed and the convictions and sentences of both the appellants are set aside, because there is no evidence to prove the warrant in question. A warrant is a public document, and the only way to prove such a document is by production of certified copy of the same. A certified copy is not produced in this case. The appeals are, therefore, allowed and the convictions and sentences of the appellants are set aside.


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