Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.
2024 INSC 295 SUPREME COURT OF INDIA DIVISION BENCH BHUPATBHAI BACHUBHAI CHAVDA AND ANOTHER — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : Abhay S. Oka and Ujjal…