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august 1974

Supreme Court of India · 1974-08-13

LQBAL ISMAIL SODAWALA vs THE STATE OF MAHARASHTRA AND ORS.

Citation / case number
SC 1973/60191
Court
Supreme Court of India
Petitioner
LQBAL ISMAIL SODAWALA
Respondent
THE STATE OF MAHARASHTRA AND ORS.
Bench
KHANNA, HANS RAJ

Judgment text excerpt

The Supreme Court held that the non-signing of the judgment by the sessions judge did not invalidate the conviction under Sections 392 and 397 IPC, as the judgment was pronounced in open court and substantial compliance with procedural requirements was observed. The Court emphasized that procedural irregularities do not vitiate a trial unless they result in a miscarriage of justice, thus dismissing the petition for habeas corpus. The Court reiterated that the Code of Criminal Procedure aims to ensure a fair trial while allowing for some flexibility in procedural compliance.

LQBAL ISMAIL SODAWALA vs THE STATE OF MAHARASHTRA AND ORS. · Niyam