LexStreak
Read free →
Supreme Court of India· 08 September 2026

Does a reasonable hypothesis of innocence emerging from the prosecution's own evidence entitle the accused to the benefit of doubt?

ASHOK UPADHYAY AND ANR v. THE STATE OF BIHAR
2026 INSC 971 · CRIMINAL APPEAL NO. 1223 OF 2022
Coram: Justice J. B. Pardiwala · Justice K. Vinod Chandran
🔖 Save this judgment🔔 Follow s.302 Indian Penal Code, 1860📬 Get today's judgments
View the original judgment PDFFree to read. To download it — or the LexStreak typeset copy with the headnote and Points of Law — create an account; downloads are part of the Pro plan.
Answer

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)

Headnote

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 account
In the Court's own words
Paragraph 18More pertinently, the eyewitnesses speak of A1 carrying a ‘licensed’ weapon and A2 carrying a pistol. On the mere sight of a weapon, it cannot be identified as one licensed. We pertinently observe that, this smacks of premeditation to frame the accused, who is known to have a licensed weapon. But unfortunately, the I.O did nothing to produce the license and prove at least that the accused had access to such a weapon. The circumstances, as we see, do not lead solely to the hypothesis of guilt and a lingering doubt, quite reasonable in the facts and circumstances brought out by the prosecution itself, that there could be a hypothesis of innocence. Sharad Birdhichand Sarda v. State of Maharashtra[^2], speaks of such hypothesis of innocence, if available, restraining the court from entering a conviction.
Paragraph 20Due to the discrepancies and the inconsistencies, we are unable to place faith on the oral testimony of eyewitnesses. In that circumstance, the reasonable doubt regarding a hypothesis of innocence assumes relevance. We must emphasize that despite specific overt acts alleged on the other accused, the Trial Court acquitted them, affirmed by the High Court.
Paragraph 21In the totality of the circumstances, we are persuaded to give the appellants herein the benefit of doubt and, hence, we acquit them.
Acts & Sections
s.302 Indian Penal Code, 1860s.34 Indian Penal Code, 1860s.27 Arms Act, 1959

One 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 account

Free forever plan · 30 seconds · data stays in India

Open the full judgment →

Also decided in this judgment
Is a witness related to the deceased an interested witness by reason of the relationship alone, unless the testimony shows a ring of falsity?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections