OM PRAKASH Vs. CHHOTELAL

JUDGEMENT

(1.) This revision petition is directed against the order passed by the learned Judge acquitting the accused of the offences with which he was charged.

(2.) The accused was tried for the charges mentioned against him in the judgment and the learned Judge on appreciation of the evidence on record recorded the finding of acquittal by the impugned order. It is this order which is assailed in the present revision petition on the grounds mentioned in the revision petition.

(3.) The position in criminal jurisprudence in relation to acquittal is established since long. Our jurisprudence which is Anglosaxon Jurisprudence, believes in innocence of the accused till he is found guilty of charges framed against him beyond reasonable doubt. The burden of proving a person guilty beyond reasonable doubt lies squarely on the shoulders of the prosecution or the complainant, as the case may be and wherever there is failure on the part of the Prosecuting Agency to discharge this burden, according to law, acquittal should ensue.