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Tuesday, April 13, 2010

CRIMINAL JURISPRUDENCE

Criminal Jurisprudence--Cardinal fundamental principles--To be kept in focus while deciding criminal cases--Absolute onus is always on the prosecution to prove its case beyond any reasonable doubt--Accused cannot possibly be convicted without any legal substantive evidence as the evidence is essential element in the criminal proceedings, notwithstanding the seriousness of the allegations alleged against the accused because criminal proceedings require strict proof of guilt--It is the evidence, on the basis of which, the decision of a criminal court is based and is the requirement of criminal justice--Otherwise, in the absence of the same, the courts have no option but to record an order of acquittal howsoever painful the same may be.; Zora Singh v. State of Punjab ; 2010(1) Law Herald (P&H) 610