No conviction if any doubt about prosecution claim: SC
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Last Updated: Wednesday, May 25, 2011, 21:21
  
New Delhi: Benefit of doubt should always go to the accused in cases based on circumstantial evidence if the there is any doubt about the prosecution theory which is inconsistent with the innocence of the person charged, the Supreme Court has held.

"We are of the view that in a case relating to circumstantial evidence, the court should see the circumstances very carefully before arriving at a finding of guilt of the person concerned and yet if there is any doubt which is inconsistent with the innocence of the accused, the benefit should go to the accused," a bench of justices Asok Kumar Ganguly and Deepak Verma said in a judgement.

The apex court passed the judgement while altering the conviction of Yomeshbhai Pranshankar Bhatt to Section 304-Part II(culpable homicide not amounting to murder) from 302 IPC(murder) for setting ablaze his maid-servant at the latter's house following an altercation in Vadodara.

According to the prosecution, Bhatt had gone to the house of his maid servant and set her ablaze after she refused to join duty as he was reportedly paying her a measly Rs 375 per month.

He was sentenced to life imprisonment by the sesssions court and the Gujarat High Court dismissed his appeal, after which he appealed in the apex court.

PTI


First Published: Wednesday, May 25, 2011, 21:21


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