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Documents citing The State Of Gujarat vs Shah Dineshchandra Mohanlal And Anr. on 4 March, 1970

State Of Gujarat vs Harishbhai Veljibhai Thakker And Anr. on 8 October, 1993

4. On going through the complaint and the purshis Exh. 2 filed by the respondent-accused, it cannot be said that the same amounts to plea of guilty. In fact, when any accused hopefully expecting that he would be let-off with the lighter sentence, and accordingly in the process while pleading guilty, he also cleverly put forward some more facts and circumstances either by way of explaining away or justifying the alleged wrong committed by him in order to further influence the mental process of the learned Magistrate while awarding the sentence, then such a composite plea of guilty and innocence cannot be said to be the 'plea of guilty' at all. This view is already taken by this Court in a judgment rendered in case of State of Gujarat v. Dineshchandra H. Patel . When such is the situation, there is no alternative left with this Court but to remand this matter for de-now trial. Moreover, this matter does not simply rest here as in the complaint, it has been further specifically alleged that the respondent was previously convicted for the very same offence and in that view of the matter, he was liable to be punished under Section 94 of the Factories Act, 1948.
Gujarat High Court Cites 9 - Cited by 0 - Full Document
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