Libertatem Magazine

Prosecution Must Discharge Its Burden Of Proving The Case Beyond Reasonable Doubt

Contents of this Page

The Bombay High Court in its recent judgement in Salman Khan v State of Maharashtradecided on 10.12.2015, held that the prosecution has failed to discharge its burden of proof beyond reasonable doubt and therefore acquitted Salman Khan of all charges. The High Court overturned the judgement of District Court.

The judge while summarising the order said, ’On broader aspects as to driving and drunkenness, prosecution not brought material on record which spells out case against accused. Almost entire evidence is of circumstantial evidence, except for Patil but the court had marshalled evidence on its value……….This court is not oblivious to opinion of general public. But it is well settled that court must decide on material before it and procedure laid down in law can’t be swayed by any popular belief that a person of his standing must have committed the offence and must be held guilty.

About the Author