oppn parties Supreme Court Reiterates That Guilt Has To Be Proved Beyond Reasonable Doubt For Convicting An Accused

News Snippets

  • Supreme Court rules that functional disability should be the deciding factor in granting road accident damages and not any doctor-issued disability certificate
  • Supreme Court flagged the fact that nearly 56% of the vehicles plying in India were uninsured and asked the government to challan them
  • An Air India flight from Phuket to Delhi encountered severe turbulence and 17 passengers were admitted to hospital with injuries
  • Calcutta HC said that heavens won't fall if Vande Matram is made mandatory to sing in madrasas
  • Kolkata Municipal Corporation has sought government nod for increasing city's wards to 200+ to keep residents in each ward between 16000 to 18000
  • Government has said that partially filled online Census forms may be allowed
  • Government may allow fees on UPI payments above Rs 2000, except on transfer between two individuals
  • Brent crude falls below $80 per barrel
  • Government has increased the LIC offer for sale to Rs 31,400cr with an additional 4% on the block
  • Stock markets become nervous on Tuesday due to Gulf situation: Sensex slides 210 points and Nifty sheds 159 points ahead of RBI MPC meets today
  • Indian cricket team lands in Sri Lanka for a 2-Test series
  • A former French Navy pilot who had alleged that IAF had lost Rafales during Operation Sindoor has been held in France on spying charges
  • An ordinary zari worked living just 100km away from Kolkata was stunned to find Rs 100cr deposited in the bank account. The bank has frozen her account pending enquiry
  • Businessmen in Kolkata gets a Rs 5-crore extortion call, allegedly from the Lawrence Bishnoi gang
  • NTA floats tenders to secure offices and exam materials round-the-clock
Tarun Tejpal, former editor of Tehelka, was sentenced to 10 years in jail by Bombay HC for raping a colleague. This judgment overturns the acquittal by a Goa sessions court
oppn parties
Supreme Court Reiterates That Guilt Has To Be Proved Beyond Reasonable Doubt For Convicting An Accused

By Sunil Garodia
First publised on 2021-09-16 06:33:54

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Supreme Court has ruled that a man cannot be convicted and sentenced for the crime of murder solely on the basis of post-mortem report if there was no corroborating evidence to prove his involvement beyond reasonable doubt. The guilt of the accused has to be proved irrefutably before convicting him.  

The case before the court was about a man convicted and sentenced to life imprisonment for the unnatural death of his wife by the trial court and later confirmed by the Patna HC. The post-mortem report confirmed that the woman died of asphyxia. The man had contended that she died of burns as she caught fire while cooking and family members could not save her despite their best efforts.

The prosecution relied on the post-mortem report to claim that the husband throttled her to death. But the Supreme Court said that since there were no eyewitnesses and evidence indicated that the relations between the couple were cordial, foul play on part of the husband cannot be assumed. The apex court examined the statements of all witnesses and evidence and came to the conclusion that since the guilt of the accused was not proved beyond reasonable doubt, it was not correct to convict him for the crime.

This once again confirms that the guilt of an accused has to be confirmed beyond reasonable doubt for courts to convict him. The prosecution cannot hope to get a conviction without clinching evidence. Trial courts have to be stricter in passing orders and must not convict persons if their guilt is not proved beyond reasonable doubt. After all, Blackstone's ratio that "it is better that ten guilty persons escape than that one innocent suffers" holds well in such cases. Blackstone had also said that "all presumptive evidence of felony should be admitted cautiously". Trial courts should keep that in mind.