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

News Snippets

  • Sikh extremists attacked a cinema hall in London that was playing Kangana Ranaut's controversial film 'Emergency'
  • A Delhi court directed the investigating agencies to senstize officers to collect nail clippings, fingernail scrappings or finger swab in order to get DNA profile as direct evidence of sexual attack is often not present and might result in an offender going scot free
  • Uniform Civil Code rules cleared by state cabinet, likely to be implemented in the next 10 days
  • Supreme Court reiterates that there is no point in arresting the accused after the chargesheet has been filed and the investigation is complete
  • Kolkata court sentences Sanjoy Roy, the sole accused in the R G Kar rape-murder case, to life term. West Bengal government and CBI to appeal in HC for the death penalty
  • Supreme Court stays criminal defamation case against Rahul Gandhi for his remarks against home minister Amit Shah in Jharkhand during the AICC plenary session
  • Government reviews import basket to align it with the policies of the Trump administration
  • NCLT orders liquidation of GoAir airlines
  • Archery - Indian archers bagged 2 silver in Nimes Archery tournament in France
  • Stocks make impressive gain on Monday - Sensex adds 454 points to 77073 and Nifty 141 points to 23344
  • D Gukesh draws with Fabiano Caruana in the Tata Steel chess tournament in the Netherlands
  • Women's U-19 T20 WC - In a stunning game, debutants Nigeria beat New Zealand by 2 runs
  • Rohit Sharma to play under Ajinkye Rahane in Mumbai's Ranji match against J&K
  • Virat Kohli to play in Delhi's last group Ranji trophy match against Saurashtra. This will be his first Ranji match in 12 years
  • The toll in the Rajouri mystery illness case rose to 17 even as the Centre sent a team to study the situation
Calling the case not 'rarest of rare', a court in Kolkata sentenced Sanjay Roy, the only accused in the R G Kar rape-murder case to life in prison until death
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.

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.