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Supreme Court of India 2022-07-12

BALKAR SINGH vs STATE OF PUNJAB

Bench: 2 — Ajay Rastogi, Vikram Nath

In Brief

Three conductors of Punjab Roadways were convicted of dishonest misappropriation and fraud in connection with alleged sale of fake/used bus tickets in connivance with officials. The Supreme Court reversed the High Court's conviction, holding that the prosecution failed to prove its case. The enquiry report relied upon was only a photocopy, and the prosecution abandoned the statutory requirement to prove the original's existence and loss. The seized tickets were never sealed, witnesses were absent at recovery, and the tickets could not be connected to the specific buses or conductors. Without admissible evidence and a reliable evidentiary foundation, conviction could not stand."

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Criminal Procedure Evidence Law Corruption Burden of Proof Chain of Custody Secondary Evidence Admissibility of Documents

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