Charge Framed Against Accused Must Be Established Beyond Any Shadow Of Doubt, Suspicion However Grave Not Proof: Tripura High Court
Case: Sri Goutam Das v The State of Tripura
Coram: Justice T. Amarnath Goud
Case No.: Crl. Rev. P. No. 37 of 2022
Court Observation: “The way the prosecution has projected the case and being found serious contradictions and inconsistencies in the statements in course of trial, it would be very difficult for this Court to believe the projected case against the petitioner. It is settled proposition of law that the charge framed against the accused-person has to be established and proved beyond any shadow of doubt. Suspicions, however, grave in nature, should not amount to prove.”
“The Appellate Court ought to have been come to a conclusion that the proceeding before the learned Court below was vitiated by non-affording the natural justice to the petitioner as there was no specific documentary evidence with regard to the probabilities as to when and how the accident has been occurred…The way the prosecution has projected the case and being found serious contradictions and inconsistencies in the statements in course of trial, it would be very difficult for this Court to believe the projected case against the petitioner.”
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