Today law tips 10/05, 11:48] DURAIVAIYAPURI Mhc Advt: (1973) 2 SCC 808 :-

[10/05, 11:48] DURAIVAIYAPURI Mhc Advt: (1973) 2 SCC 808 :-

1) One of the cardinal principles which has always to be kept in view in our system (1) Cr. App.Ho.26 of 1970 decided on August 27, 1973 of administration of justice for criminal cases is that a person arraigned as an accused is presumed to be innocent unless that presumption is rebutted by the prosecution by production of evidence as may show him to be guilty of the offence with which he is charged. The burden of proving the guilt of the accused is upon the prosecution and unless it relieves itself of that burden, the courts cannot record a finding of the guilt of the accused.

2) It may in this connection be apposite to refer to the following observations of Sir Carleton Allen quoted on page 157 of “The Proof of Guilt” by Glanville Williams, Second Edition:

“I dare say some sentimentalists would assent to the proposition that it is better that a thousand, or even a million, guilty persons should escape than that one innocent person should suffer; but no responsible and practical person would accept such a view. For it is obvious that if our ratio is extended indefinitely, there comes a point when the whole system of justice has broken down and society is in a state of chaos.”

Article by
E.Duraivaiyapuri,
Advocate,
YMCA Building,
Chennai – 1.
[10/05, 12:02] sekarreporter1: 👍