Supreme Court of India · 1986-04-11
NIRANJAN PATNAIK vs SASHIBHUSAN KAR & ANR.
- Citation / case number
- SC 1985/66956
- Court
- Supreme Court of India
- Petitioner
- NIRANJAN PATNAIK
- Respondent
- SASHIBHUSAN KAR & ANR.
- Author
- S. NATRAJAN
- Bench
- S. NATRAJAN
Judgment text excerpt
The Supreme Court held that the High Court's disparaging remarks against the prosecution witnesses were unwarranted and should be expunged. The Court emphasized that harsh comments should only be made when necessary for the case's decision. It clarified that the burden of proof shifts to the accused when there is no explanation for possession of seized currency notes, as per Section 161 IPC and Section 8 of the Prevention of Corruption Act, 1947. The appeal was allowed, and the High Court's judgment was set aside.