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1983 Supreme(Gau) 97

T.N.SINGH, D.PATHAK
BHANDA GARH – Appellant
Versus
STATE OF ASSAM – Respondent


JUDGEMENT

Dr. Singh, J. :- The presumption of innocence is a fundamental tenet of our criminal jurisprudence. It has, too, its own basic facet. It is this facet which is manifested in the anxiety of the Courts to ensure a fair trial based on fair procedure. The accused is entitled to the benefit of doubt based not only on the evidence produced in the case but based also on infraction of any procedural safeguard enjoined by law in the matter of conduct of investigation as well as prosecution. It is the duty of the Court to see if the evidence produced in the case is tainted in any manner, factually or legally and in a case where the accused is indicted on a charge of murder exposing him to the extreme penalty, this duty assumes signal significance. Indeed, in several decisions of the apex Court the danger of adopting a computarised approach in such cases has been vocally projected. We have been invited to make this prefatory remark in this case because of the strong plea forcefully pressed by the learned Public Prosecutor imploring us to uphold the conviction ignoring what he has termed minor discrepancies in the evidence and minor procedural infractions. Before we turn to the facts
















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