Published on: 28 October 2022 at 19:13 IST
Court – High Court of Uttaranchal
Citation – Akash Kumar v/s State of Uttarakhand (2020)
Hon’ble High Court of Uttaranchal has held that it is the mandate of law is that the prosecution has miserably failed to prove the charges beyond all reasonable doubt. It is held that conviction cannot be based upon morality and there must be admissible and credible evidence to base conviction.
It is well settled canon of criminal jurisprudence that ‘fouler the crime higher the proof’ and mandate of law is that the prosecution has to prove the charges beyond all reasonable doubt.
Para – 12
Having carefully heard the submissions advanced on behalf of the rival parties and considering the evidence on record, this Court is of the considered opinion that the prosecution has miserably failed to prove its case.
In criminal cases, conviction cannot be based upon morality and there must be admissible and credible evidence to base conviction and moreover it is well settled canon of criminal jurisprudence that ‘fouler the crime higher the proof’ and mandate of law is that the prosecution has to prove the charges beyond all reasonable doubt.
A few bits here and a few bits there on which prosecution relies cannot be held to be adequate or connecting the accused with the crime in question.
Drafted By Abhijit Mishra
Key Words – Morality, Criminal Jurisprudence, Reasonable Doubt.