Excelsior Correspondent
JAMMU, Apr 4: Principal Sessions Judge Reasi S R Gandhi has acquitted Surinder Kumar, son of Behari Lal of Samba, who was facing trial in murder of his wife.
After hearing both the sides, the court observed, “the onus of proving all the ingredients of an offence is always upon the prosecution and at no stage does it shift to the accused. It is no part of the prosecution duty to somehow hook the crook”, adding “even in cases where the defence of the accused does not appear to be credible or is palpably false that burden does not become any the less”.
“It is only when this burden is discharged that it will be for the accused to explain or controvert the essential elements in the prosecution case which would negative it. It is not however for the accused even at the initial stage to prove something which has to be eliminated by the prosecution to establish the ingredients of the offence with which he is charged, and even if the onus shifts upon the accused and the accused has to establish his plea, the standard of proof is not the same as that which rests upon the same as that which rests upon the prosecution”, the court further said.
Court further observed, “formal evidence in the form of seizure of stove and FSL opinion has only corroboratory value. In the absence of credible substantive evidence, this piece of evidence is of no avail”.
With these observations, court acquitted the accused and directed for his release from the custody forthwith.
Follow our WhatsApp channel