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october 1957

Supreme Court of India · 1957-10-14

KAPIL DEO SHUKLA vs THE STATE OF UTTAR PRADESH

Citation / case number
SC 1957/60148
Court
Supreme Court of India
Petitioner
KAPIL DEO SHUKLA
Respondent
THE STATE OF UTTAR PRADESH
Bench
SINHA, BHUVNESHWAR P.

Judgment text excerpt

The Supreme Court held that the trial conducted by a jury was void due to the jurors' incompetence in understanding English, which was essential for determining the authorship of forged documents under Sections 408 and 477-A of the Indian Penal Code. The Court emphasized that a memorandum of appeal must succinctly state specific grounds, disapproving the Allahabad High Court's practice of accepting vague appeals. Consequently, the Court ruled that the trial was coram non judice, leading to a mis-trial, and upheld the acquittal of the appellant.

KAPIL DEO SHUKLA vs THE STATE OF UTTAR PRADESH · Niyam