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april 1968

Supreme Court of India · 1968-04-30

BAIDYA NATH PRASAD SRIVASTAVA vs STATE OF BIHAR

Citation / case number
SC 1966/60549
Court
Supreme Court of India
Petitioner
BAIDYA NATH PRASAD SRIVASTAVA
Respondent
STATE OF BIHAR
Author
C.A. VAIDYIALINGAM
Bench
C.A. VAIDYIALINGAM

Judgment text excerpt

The Supreme Court held that the High Court erred in convicting the appellant under Section 467 read with Section 109 IPC by improperly shifting the burden of proof onto the accused. The Court emphasized that it is the prosecution's responsibility to prove its case beyond reasonable doubt, and the failure of the accused to produce evidence or examine themselves under Section 342A of the Code of Criminal Procedure should not be commented upon. The Court set aside the High Court's order, reinstating the acquittal of the appellant.

BAIDYA NATH PRASAD SRIVASTAVA vs STATE OF BIHAR · Niyam