Does a reasonable hypothesis of innocence emerging from the prosecution's own evidence entitle the accused to the benefit of doubt?
Coram: Justice J. B. Pardiwala · Justice K. Vinod Chandran
A reasonable hypothesis of innocence emerging from the prosecution's own evidence entitles the accused to the benefit of doubt.
Yes. Where the circumstances brought out by the prosecution's own evidence do not point solely to the hypothesis of guilt and leave open a reasonable hypothesis of innocence, the accused is entitled to that benefit of doubt and cannot be convicted. (¶18, 20, 21)
Indian Penal Code, 1860 — s.302, s.34 — Arms Act, 1959 — s.27 — Related witnesses — Hypothesis of innocence — Evidence Law — Related witnesses — Not per se interested — Held: A witness related to the deceased is not an interested witness by reason of the relationship alone, unless the testimony shows a ring of falsity, in which case closer scrutiny is warranted before reliance. (¶19) Criminal Law — Benefit of doubt — Hypothesis of innocence — Held further: A reasonable hypothesis of innocence emerging from the prosecution's own evidence entitles the accused to the benefit of doubt; the appellants were accordingly acquitted. (¶18, 20, 21)
Headnote
You've used your free headnotes this month
The answer above and the Court's own paragraphs stay free. LexStreak's full headnote on this judgment needs an account — a free one opens it again.
Create my free accountOne judgment a day. That's the whole habit.
Read the full text of ASHOK UPADHYAY AND ANR v. THE STATE OF BIHAR — and get the Supreme Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.
Create my free accountFree forever plan · 30 seconds · data stays in India