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Supreme Court of India 2024-04-10 allowed

Bhupatbhai Bachubhai Chavda & Anr vs State of Gujarat

Bench: 2 — Abhay S. Oka, Ujjal Bhuyan

In Brief

Father and son were acquitted by the Sessions Court for murder of Punjabhai, but the High Court reversed the acquittal and convicted them. The Supreme Court restored the acquittal, holding that the High Court wrongly applied the burden of proof by requiring the accused to disprove the prosecution case. The Court reaffirmed that the burden always lies on the prosecution to prove guilt beyond reasonable doubt and that an order of acquittal can only be overturned if the Trial Court's findings are found to be perverse. Here, the Trial Court's rejection of the key eyewitness's testimony—due to prior enmity, failure to report the incident, and discrepancies in dates—were reasonably possible findings warranting no interference.

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Criminal Procedure Evidence Law Burden of Proof Appellate Jurisdiction Acquittal Witness Credibility Criminal Appeals

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