Thursday 30 August 2012

Accused is entitled for benefit of doubt in case of bail

The famous legal maxim "Benefit of Doubt goes to the accused" is well discussed in the below mentioned judgment. Kindly read it and understand the concept.


1992 P Cr.L.J. 2086

Penal Code (XLV of 1860) S. 302 and Criminal Procedure Code (V of 1898), S. 498—Bail—For purposes of bail, law not to be stretched in favour of prosecution—Benefit of doubt, if any arising, must go to accused—Murder—Alleged eye-witness (Lodging F.I.R.) stating before committing Magistrate that accused fired his gun after deceased had fired at accused’s companion—Assertion by defence that statements of other eye-witness also in same strain and, therefore, possibility of self-defence not ruled out—witnesses, not considering this to be good ground and refusing bail—petition for Special Leave to appeal to Supreme Court—Accused directed by Supreme Court to renew his application before Signle judge and High Court advised to consider whole case for purposes of law on data available. [p. 278]A.