‘Presumption Of Innocence A Human Right; Life & Liberty Are Not Matters To Be Trifled With’: Supreme Court Acquits 1995 Murder Case Accused
Case: Suresh Thipmppa Shetty vs State of Maharashtra
Coram: Justices Vikram Nath and Ahsanuddin Amanullah
Case No.: CRIMINAL APPEAL No. 1541 OF 2010
Court Observation: “When this Court is confronted with a situation where it has to ponder whether to lean with the Prosecution or the Defence, in the face of reasonable doubt as to the version put forth by the Prosecution, this Court will, as a matter of course and of choice, in line with judicial discretion, lean in favour of the Defence”
“On a deeper and fundamental level, when this Court is confronted with a situation where it has to ponder whether to lean with the Prosecution or the Defence, in the face of reasonable doubt as to the version put forth by the Prosecution, this Court will, as a matter of course and of choice, in line with judicial discretion, lean in favour of the Defence. We have borne in mind the cardinal principle that life and liberty are not matters to be trifled with, and a conviction can only be sustained in the absence of reasonable doubt. The presumption of innocence in favour of the accused and insistence on the Prosecution to prove its case beyond a reasonable doubt are not empty formalities. Rather, their origin is traceable to Articles 21 and 14 of the Constitution of India. Of course, for certain offences, the law seeks to place a reverse onus on the accused to prove his/her innocence, but that does not impact adversely the innocent-till proven-guilty rule for other criminal offences.”
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