Presumption of Innocence

AIR 2002 SC 1949

Para 1: Though sad, yet it is a fact that people do not hesitate in resorting to vengeance even on the unfortunate deaths of their nears and dears. There is a tendency to rope in as many people as possible for facing the trial relating to the death or injuries to the unfortunate victims. Sometimes it is over -enthusiasm and many a times designed effort to harass the relations and friends of the real culprits. It has been found that on occasions innocent persons including aged, infirm, ladies and children are booked for standing at the dock and remain confined in jails till the pendency of the cases. Some are acquitted by the trial Court and many by the appellate Courts but only after their languishing in confinements for years. Such efforts of unscrupulous survivors of the crime or the relations of the victims invariably but unfortunately helps the real culprits as it becomes difficult for the Court to sift the grain out of the chaff. Under such circumstances and in view of the prevalent criminal jurisprudential system in the country, the doctrine of presumption of innocence in favour of the accused makes the justice itself a victim which ultimately weakens the criminal justice dispensation system. Be that as it may, an onerous duty is cast upon the criminal Courts in the country to ensure that no innocent is convicted and deprived of his fundamental liberties. However, in cases of group clashes and organised crimes, persons beyond the screen, executing the crime should not be allowed to get scot free. In cases involving number of accused persons, a balance approach by the Courts is required to be insisted upon. Neither any innocent person should be convicted nor a guilty acquitted under the cloak and cover of the loose and liberal interpretations of the statutory provisions and the technicalities of procedural wrangles. In cases of arson and murder where large number of people are accused of committing the crime, the Courts should be cautious to rely upon the testimony of witnesses speaking generally and in an omnibus way without specific reference to the accused or the role played by them.

Sandeep Jalan

Advocate

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