2024-04-09 07:31:48
New Delhi : The Supreme Court has said that there is no onus on the accused to prove himself innocent unless the law says so. The onus is on the prosecution to prove the case against the accused beyond reasonable doubt. Justice A. S. The bench led by Oka has given this ruling while acquitting the accused in the rape case. The Supreme Court said that if the legal provision in a case is such then it is a different matter. In the rape case, the accused was convicted by the High Court against whom the Supreme Court was approached.
The court said that Section 114A is not applicable in this case. The court said that the fact has come to light that the girl had gone with the accused of her own free will. The owner of the guest house said that the accused and the girl had said that they were husband and wife. About 400 messages have been transferred between the two on WhatsApp. Both were in touch even after the incident. Even when both of them left the guest house, the girl did not make any noise. The Supreme Court acquitted the accused on the basis of all the facts.
Accused innocent until proven guilty
The Supreme Court has said that it is the human right of every citizen to be considered innocent. According to the legal principles and constitutional system, every accused is innocent until proven guilty. The onus of proving the case is on the prosecution. The ruling given by the Supreme Court in the present case further strengthens this principle. The Constitution also says that no one can be compelled to testify against himself. Every person has the right to remain silent. A citizen has this right under Article 20 (3) of the Constitution. Narco test or any other such scientific test was also within this scope.