Suspicion cannot replace proof in a criminal trial

Benefit of reasonable doubt

In a criminal trial suspicion however grave cannot take the place of proof and the prosecution to succeed has to prove its case and establish the charge by adducing convincing evidence to ward off any reasonable doubt about the complicity of the accused. For this, the prosecution case has to be in the category of “must be true” and not “may be true”.

[Source: Khekh Ram vs. State of H.P., decided by SC on 10 November 2017]
A criminal trial is not like a fairy tale wherein one in free to give flight to one’s imagination and phantasm.

Continue reading “Suspicion cannot replace proof in a criminal trial”

Conviction for corruption on circumstantial evidence

Conviction under Prevention of Corruption Act, 1988

Section 13(1)(d) of the Prevention of Corruption Act, 1988 read as hereunder:-

(d) if he,–

(i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or

(ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or

(iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest; or Section 13(2) in The Prevention of Corruption Act, 1988 (2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine.

For establishing the offence under the aforesaid sections, the ingredients of the public servant having abused his position and by abusing that position he has obtained for himself or any other person any valuable thing or pecuniary advantage, has to be proved Continue reading “Conviction for corruption on circumstantial evidence”