Excelsior Correspondent
JAMMU, July 31: Division Bench of State High Court comprising Justice Dhiraj Singh Thakur and Justice Sanjay Kumar Gupta today held that law does not permit the court to punish the accused on basis of moral conviction or suspicion.
The observation was made in an appeal filed by the State against the acquittal in a murder case. While dismissing the appeal of the State, the DB observed, “to arrive at conclusion about guilt of accused charged with heinous crime, the court has to judge the evidence by yardsticks of probabilities. The law does not permit the court to punish the accused on basis of moral conviction or suspicion”.
“The burden of proof never shifts and it is always on prosecution. As held in ‘Sarwan Singh Rattan Singh, there is inevitably long distance to travel between ‘may be true’ and ‘must be true’. The distance to travel must be covered by the prosecution by legal, reliable and unimpeachable evidence before an accused can be convicted”, the DB further said.
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