Bombay High Court: K.R. Shriram, J., while dismissing the criminal appeal filed by the State against the order of the trial court acquitting the accused of charge under Section 392 of Penal Code, 1860, reiterated that there is a double presumption of innocence in favour of the accused who has been acquitted from the offence as charged by the trial court.
In the instant case, the accused was charged with committing an offence of robbery punishable under Section 392 IPC. On the conclusion of the trial, he was, however, acquitted by the trial court. Aggrieved by the said order of acquittal, the State preferred the instant appeal.
The High Court, on perusal of the evidence, found that the prosecution was not able to prove its case against the accused beyond reasonable doubt and, therefore, no interference was warranted with the order of the trial court. Pertinently, the Court reiterated the law relating to presumption of innocence that runs in favour of the accused. It was observed:
“There is an acquittal and therefore, there is double presumption in favour of the accused. Firstly, the presumption of innocence available to the accused under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured acquittal, the presumption of their innocence is further reinforced, reaffirmed and strengthened by the trial court. For acquitting the accused, the Trial Court observed that the prosecution had failed to prove its case.”
Also, in relation to the nature of proof to be adduced in a criminal case, the Court restated:
“When the evidence adduced did not conclusively lead to the guilt of the accused and only pointed needle of suspicion towards the accused and nothing more, he cannot be committed because suspicion is no substitute for proof in criminal trial.”
Accordingly, finding no fault with the order passed by the Trial Judge, the High Court held that the instant appeal deserves dismissal. [State of Maharashtra v. Shivaji Haribhau Jirase, 2019 SCC OnLine Bom 4130, decided on 11-11-2019]
