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.