MUKESH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal reminds us of the cardinal principle of criminal justice system that a person, accused of an offence, howsoever heinous the offence may be, shall be presumed to be innocent until proved guilty.

(2.) As we would show, the principle of law indicated above, has not been adhered to, while convicting the accused-appellant, Mukesh Paswan, under Sections 376 and 307 of the Indian Penal Code, under the judgment, dated 15.11.2008, passed, in Sessions Trial No. 464 of 2007, by Shri Ravi Prakash Dhar Dubey, learned Additional Sessions Judge, F.T.C. IV, Begusarai, and in consequence of his conviction, under Section 376 of the Indian Penal Code, he stands sentenced, under the order, dated 18.11.2008, to undergo imprisonment for life and also to so suffer, for his conviction under Section 307 of the Indian Penal Code, imprisonment for life, both the sentences having been directed to run concurrently.

(3.) The case of the prosecution, as unfolded at the trial, may, in brief, be described thus, :