Wrongly Convicted Database Record

 

Go to Database Search Page

Go to  Database Index Page

Dinesh Kumar Kalidas Patel

 

Charge:

Evidence Destruction or Tampering

Sentence:

Years Imprisoned:

Year Crime:

Year Convicted:

Year Cleared:

2018

U.S. State or Country of Crime:

India

County or Region of Crime:

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Dinesh Kumar Kalidas Patel was wrongly convicted of causing the disappearance of evidence in the suicide of his wife. Patel's conviction was based on his alleged violation of Indian Penal Code Section 201, which criminalizes the action of a person who had the knowledge or the reason to believe that the offence had been committed, the said person has caused disappearance of evidence and such act of disappearance has been done with the intention of screening the offender from legal punishment. Patel was also charged with violating IPC Section 498A -- driving his wife to suicide by his cruelty. Patel's prosecution was based on the complaint of his father-in-law to the police three months after his wife's suicide. After his conviction in the Sessions Court of violating both IPC Section 201 and 498A, Patel appealed. The High Court of Gujarat acquitted Patel of the offence under Section 498A while maintaining his conviction under Section 201. He appealed that ruling. On February 12, 2018 a panel of the Supreme Court of India unanimously set-aside Patel's conviction of violating Section 201 on the basis it couldn't be sustained because he was acquitted of the underlying offense charged in Section 498A. The Court ruled "he cannot be convicted" of destroying evidence because the prosecution failed to prove Patel knew or had reason to believe a crime had been committed."

Conviction Caused By:

Innocence Proved By:

"On February 12, 2018 a panel of the Supreme Court of India unanimously set-aside Patel's conviction of violating Section 201 on the basis it couldn't be sustained because he was acquitted of the underlying offense charged in Section 498A. The Court ruled "he cannot be convicted" of destroying evidence because the prosecution failed to prove Patel knew or had reason to believe a crime had been committed."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Dinesh Kumar Kalidas Patel v. The State of Gujarat, Crim. Appeal Nos. 285-266 of 2018 (Supreme Court of India, 2-12-2018) (Setting conviction aside based on his acquittal of the underlying offense.)"

Information Location 1:

https://theindianjurist.com/2018/02/14/conviction-section-201-cannot-sustained-merely-ground-no-communication-given-police-supreme-court/

Information Source 2:

"Conviction under Section 201 cannot be sustained merely on the ground that no communication was given to the police, By Vishnu Pazhanganat, The Indian Jurist, February 14, 2018"

Information Location 2:

https://theindianjurist.com/2018/02/14/conviction-section-201-cannot-sustained-merely-ground-no-communication-given-police-supreme-court/

Information Source 3:

Information Location 3:

Information Source 4:

Information Location 4:

Information Source 5:

Information Location 5:

Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case:

Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

Hosted on forejustice.org and mirrored on justicedenied.org .