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april 1964

Supreme Court of India · 1964-04-01

RAMACHANDRA NARASIMHA KULKARNI vs STATE OF MYSORE

Citation / case number
SC 1962/85
Court
Supreme Court of India
Petitioner
RAMACHANDRA NARASIMHA KULKARNI
Respondent
STATE OF MYSORE
Bench
GUPTA, K.C. DAS

Judgment text excerpt

The Supreme Court held that under Section 53 of the Post Offices Act, 1898, the term 'wilfully' requires that the detention of postal articles must be intentional and for a specific purpose. The Court found that the prosecution failed to establish the alleged purpose of theft, leading to the conclusion that the appellant did not detain the article wilfully. Consequently, the conviction under Section 53 was overturned, while the dissenting opinion emphasized that 'wilful' implies intentional action, not mere negligence.

RAMACHANDRA NARASIMHA KULKARNI vs STATE OF MYSORE · Niyam