Monday, 3 September 2018

Conviction without substantial evidence is not possible

One of the basic principles of criminal law is that the conviction of accused is not possible in the absence of substantial evidence. Substantial evident is the one which itself is of convicting nature. If evidence is corroborative or contradictory then conviction is not possible.

If in a case there are photocopies of documents and original documents are not presented at any forum, on such evidence conviction of accused is not possible. Reliance should be made on the original documents for conviction of accused.

It is the duty of prosecution to prove its case beyond the shadow of any doubt. The absence of substantial evidence creates doubts and benefit of doubt goes to accused in such circumstances

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