कई सालों तक झूठा मुक़दमा सहने वाले को आख़िर अंत में मिलता क्या है?- Allhabad High Court | Judgement
Автор: Legal Reporter
Загружено: 2024-11-05
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The Allahabad High Court recently observed that trial court judges often convict the accused in cases of heinous offences despite a clear case of acquittal due to their fear of higher courts. “…they are fearful of wrath of the higher courts in such cases, and only to save their personal reputation and carrier prospects, such judgment and order of conviction are passed,” a bench of Justice Siddharth and Justice Syed Qamar Hasan Rizvi observed.
At the same time, the division bench lamented that the Government did not accept the recommendations made by the Law Commission in its 277th Report [on 'Wrongful Prosecution (Miscarriage of Justice): Legal Remedies'] since there are many cases where the accused booked under heinous crimes do not get acquitted despite clear cases of acquittal.
The Court added that since the government is yet to implement the recommendations of the 277th report of the Law Commission, the violation of Articles 14 and 21 of the Constitution of India for wrongly prosecuted and punished would continue unabated.
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