eng
competition

Text Practice Mode

JR CPCT INSTITUTE, TIKAMGARH (M.P.) || ✤ MPHC-Junior Judicial Assistant 2024 ✤ || JJA की तैयारी के लिए हमारे Group से जुड़ने के लिए अपना नाम और सिटी का नाम इस नंबर पर व्हाट्सएप करें: 8871259263

created Oct 21st, 06:16 by entertainmentBabaji


0


Rating

361 words
18 completed
00:00
In its reasoning for acquitting the respondents here, the trial court stated in its findings that none of the eyewitnesses were able to support the prosecution's case. The court noted that the appellant, who is the mother of the deceased, gave a completely different version of events than that of the accused. The trial judge also stated that even the presence of the appellant at the scene of crime was not proved, and as she was the mother of the deceased, she was, therefore, an interested witness and her evidence was not credible. It was also found that as per the Forensic Science Laboratory report, there was no blood present on the recovered weapons except for a blood mark on a lathi, and even that could not be connected to the blood of the deceased. In cases where reversal of acquittal is sought, courts must keep in mind that the presumption of innocence in favour of the accused, on the ground that he has survived the rigours of a full trial, is strengthened and fortified. The prosecution, then, while still operating under the same burden of proof, is required to discharge a more difficult responsibility to repeal and reverse the steadfast presumption of innocence. This steadfastness of the presumption of innocence has been put forward by this Court in a series of decisions. In the case of Allarakha K Mansuri v. State of Gujarat1, this Court has held that in cases of reversal of acquittal, where two approaches are possible, the approach in favour of the accused has to be adopted. For convenience, the relevant paragraph of the decision is reproduced here: “The settled position of law in the powers exercisable by the High Court in an appeal against an order of acquittal is that though the High Court has plenary powers to review the evidence on which the order of acquittal is based, it shall not interfere with the order of acquittal. In this regard, the Cabinet Decision of November, 1990 was relied upon and it was argued that the successor government had to honour it and direct the reinstatement of all the employees and payment of back wages.  

saving score / loading statistics ...