Supreme Court · 1973 INSC 173 · Decided 24 September 1973
Kali Ram v. State of Himachal Pradesh
- Court
- Supreme Court of India
- Citation
- 1973 INSC 173 · [1974] 1 S.C.R. 722
- Case number
- CRIMINAL APPEAL No. 22/1973
- Decided
- 24 September 1973
- Bench
- HANS RAJ KHANNA, A. ALAGIRISWAMI, R.S. SARKARIA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; CrPC Section 162, 112
Headnote
Criminal trial-Burden of proof-Benefit of doubt-Principles governing. Code of Criminal Procedure, 1898 (5 of 1898)-8. 162-Scope of. One of the cardinal principles which has always to be kept in view in our system of administration of justice for criminal cases is that a person arraign­ ed as 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 gvilt 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. There are
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