No presumption can be raised against the accused either of fact or in evidence

Satish Vs State of UP

Allahabad HC, Lucknow Bench

03/04/2019

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]

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Please reload

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

©2018-2020 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.