Excelsior Correspondent
JAMMU, Mar 7: Division Bench of State High Court comprising Chief Justice Badar Durrez Ahmed and Justice Ali Mohammad Magrey has set-aside life-imprisonment of three persons, who had allegedly committed murder of one Harbhajan Kour by pouring kerosene oil.
After hearing Senior Advocate Sunil Sethi with Advocate Mohsin Bhat for the appellant whereas Deputy AG Asheesh Singh Kotwal for the State, DB observed, “it is clear that the prosecution case is extremely doubtful and is not supported by any cogent evidence. The benefit would have to go to the appellants”.
“The 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”, the DB further said.
“In a criminal trial, the accused are presumed to be innocent till proven guilty. But, unfortunately, the Trial Court has proceeded just the other way around by presuming them to be guilty, unless proven innocent. That is not how the criminal jurisprudence has evolved in this country. Trial Courts must never forget this important principle of criminal jurisprudence, particularly, because life and liberty of individuals are involved”, the DB said.
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