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.