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january 1972

Supreme Court of India · 1972-01-04

S. L. GOSWAMI vs STATE OF MADHYA PRADESH

Citation / case number
SC 1969/60321
Court
Supreme Court of India
Petitioner
S. L. GOSWAMI
Respondent
STATE OF MADHYA PRADESH
Bench
REDDY, P. JAGANMOHAN

Judgment text excerpt

The Supreme Court held that the burden of proof in criminal cases lies solely with the prosecution, as established under Section 409 and Section 420 IPC, and Section 5(2) of the Prevention of Corruption Act. The Court emphasized that the prosecution must prove all elements of the offense before the burden shifts to the accused, and even if the defense appears implausible, the prosecution's burden remains unchanged. The conviction of the appellant for misappropriation was upheld as the prosecution failed to establish its case beyond reasonable doubt.

S. L. GOSWAMI vs STATE OF MADHYA PRADESH · Niyam