Burden of proof: Supreme Court warns against rigidity
New Delhi, Oct. 22 -- The Supreme Court has held that the traditional rule relating to the prosecution's burden of proof in criminal cases cannot be applied in a "pedantic" manner, cautioning that such rigidity would allow offenders in serious offences to go unpunished while society becomes the casualty.
A bench of justices Sanjay Kumar and Alok Aradhe made the observation while restoring the conviction of a Madhya Pradesh man who murdered his daughter-in-law 27 years ago but was acquitted by the state high court. The top court said while the prosecution must ordinarily prove guilt beyond reasonable doubt, Section 106 of the Evidence Act requires an accused to explain facts especially within their knowledge, and failure can strengthen prosecution's case. "The traditional rule relating to burden of proof of the prosecution cannot be allowed to be wrapped in a pedantic coverage; the offenders in serious offences would be the major beneficiaries and the society would be the casualty," held the bench.
The court was deciding the state's appeal against a 2010 judgment of the Madhya Pradesh high court that had set aside the conviction of Janved Singh and his son Mahesh Singh for the dowry death of Janved's daughter-in-law, Pushpa. The sessions court had earlier sentenced Janved to life imprisonment for murder, and dowry harassment.
Pushpa, married to Mahesh, was found dead in her home in December 1997. Her father-in-law, Janved, told police she died of electrocution while ironing clothes. But the post-mortem revealed ligature marks consistent with strangulation, while the burn injuries were post-mortem. The trial court found the electrocution theory "wholly fabricated" and held her death to be homicidal.
However, the high court overturned the conviction, doubting the prosecution's evidence and finding no proof that the death occurred within seven years of marriage - a requirement for dowry death under IPC Section 304B. It also faulted the delay in recording statements of Pushpa's parents and the belated seizure of the wedding invitation card.
Reversing the high court's verdict, the Supreme Court, in its judgment last week, said it ignored material evidence and failed to consider the reasons that weighed with the trial court....
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