No presumption can be raised against the accused either of fact or in evidence
Satish Vs State of UP
Allahabad HC, Lucknow Bench
CRIMINAL APPEAL No. - 613 of 2006
About/from the judgment:
Evidence Law - No presumption can be raised against the accused either of fact or in evidence, whatever evidence is available on record, is to be read as it is.
The Indian Penal Code, 1860 - Sections 148, 307 / 149, 302 / 149: In the present case, the ocular evidence do not correspond with the medical evidence and ocular testimony do not inspire as much confidence to prevail over the medical evidence. The prosecution has failed to link the firearm, used cartridge and the bullet recovered from the fatal injury of the deceased. Though expert opinion or ballistic report may not have conclusive effect, but in this case, the link or connecting evidence goes to the root of the matter, as such, it needed to be clarified by the prosecution, which has not been done. The ocular evidence do not correspond with the prosecution case also, as the prosecution has not come up with the case of bomb explosion, whereas ocular evidence do mention it. The aforesaid appreciation of evidence lead to only one conclusion that the case has not been proved beyond reasonable doubt by the prosecution and the benefit has to go to the accused. [Para 47]
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