Acquittal – Double Presumption in Favour of Accused

There is an acquittal and therefore, there is double presumption in favour of the accused. Firstly, the presumption of innocence available to the accused under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured acquittal, the presumption of their innocence is further reinforced, reaffirmed and strengthened by the Trial Court. For acquitting accused, the Trial Court observed that the prosecution had failed to prove its case. State of Maharashtra v. Chandrakant Bhagwan Katkar, Cri. Appeal No. 677 of 2003 decided on 16.12.2019

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