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news details
Accused are presumed to be innocent till proven guilty: HC to Trial Court
DB set-aside life-imprisonment of three
3/7/2018 10:38:49 PM
Early Times Report
Jammu, Mar 7: A Division Bench of State High Court Comprising Chief Justice Badar Durrez Ahmed and Justice Ali Mohammad Magrey in criminal appeal set-aside the life-imprisonment of three namely Dalbir Singh, son of Darshan Singh, Ranjit Kour, wife of Darshan Singh and Parvinder Kour for allegedly committing murder of Harbhajan Kour by pouring kerosene.
While setting-aside the life-imprisonment, Division Bench after hearing Sr. Adv Sunil Sethi with Adv Mohsin Bhat for the appellant whereas Deputy AG Asheesh Singh Kotwal for the state, observed that it is clear that the prosecution case is extremely doubtful and is unsupported by any cogent evidence. The benefit would have to go to the appellants.
DB also point out that this Court is not happy with the manner in which the Trial Court has dealt with the case. The impression we get is that the Trial Court had made up its mind to convict the appellants and, therefore, picked only those aspects which supported a conviction and ignored the crucial points which tended to either create doubts or to establish the innocence of the appellants.
DB further observed that in a criminal trial, the accused are presumed to be innocent till proven guilty.
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