In equal possibilities, accused to be favoured
On the basis of evidence on record in a court proceeding, if two equally sustainable views – one in favourable to the accused and the other against him – are equally possible, the court should take the one that is favourable to the accused, but not the other, says the Supreme Court (SC) in Chandrappa & Others v State of Karnataka
Accused is entitled to the benefit of doubt
It is well settled that while considering or interpreting evidence, if two equal views – one which goes in favour of the prosecution and the other one which benefits the accused – are equally possible, the accused is undoubtedly entitled to the benefit of doubt, says the SC Sharad Birdhi Chand Sarda v State Of Maharashtra [ AIR 1984 SC 1622].
SC reiterates the principle in a 2024 case
The cardinal principles in the administration of criminal justice in cases where heavy reliance is placed on circumstantial evidence, is that where two views are possible, one pointing to the guilt of the accused and the other towards his innocence, the one which is favourable to the accused must be adopted [Kali Ram v State of Himachal Pradesh (1973) 2 SCC 808].
The SC reiterated the principle of late in Pradeep Kumar v State of Chhattisgarh [Criminal Appeal No 1404 of 2018].
Reference
- Chandrappa & Others v State of Karnataka
- Sharad Birdhi Chand Sarda vs State Of Maharashtra [ AIR 1984 SC 1622]
- Kali Ram v State of Himachal Pradesh (1973) 2 SCC 808]
- Pradeep Kumar v State of Chhattisgarh
