Tuesday, 4 September 2018

Accused Enjoys Double Presumption of Innocence after Acquittal

Acquittal from a criminal case means that the accused has done nothing wrong in the eyes of law. He is proved innocent during the Trial. It is immaterial whether the Trial concluded after proper evidence or the result of same came on a petition of acquittal if the end result clearly shows that the accused is innocent.

If an accused is declared innocent by any competent court, he enjoys double presumption of innocence. The remedy available to the prosecution in such like circumstances is appeal mostly. The order of Trial court can be challenged in the appellate court under the provisions of Section 417 of the Code of Criminal Procedure 1898.

However, an accused is left with almost no fear once declared innocent from the Trial Court. But a fact is that the prosecution and complainant both have the right to prove irregularities if any in the appellate court. If they are successful in any case then the Trial can be reopened or the order of Trial Court acquitting the accused can be set aside.

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Salman Yousaf Khan
International Lawyer