Should sccused prove his innocence before trial of the case?
N.K.Assumi
(Querist) 29 March 2009
This query is : Resolved
In a case of theft of vehicle, the registered owner of the vehicle claim for interim release of the vehicle pending trial of the case as the police has not filed charge sheet. But the court refused to release the vehicle and direct the owner of the vehicle to prove their ownership otherwise the vehicle will be confiscated and dispose it off even though the trial has not commence.is it competent for the Court to dispose off the vehicle before the trial and is it proper for the court to direct the owner to prove their innocence before the trial?
PALNITKAR V.V.
(Expert) 29 March 2009
The court can not dispose of the vehicle before trial. However, for release of the vehicle the owner has to produce prima facie evidence of ownership of the vehicle.There is no question of proof of innocence. It is the question of prima facie proof of ownership of vehicle. Otherwise any body will come forward and go away with the vehicle if no proof of ownership is to be asked for interim release.
N.K.Assumi
(Querist) 29 March 2009
Thank you Sir.Palnitkar.
n.k.sarin
(Expert) 29 March 2009
Mr. Palnitkar cleared the matter,so no need any further comments.
B.B.R.Goud.
(Expert) 29 March 2009
i do agree with Mr Palnitkar
A. A. JOSE
(Expert) 30 March 2009
Mr.Palnitkar has rightly addressed the issue and I thank him for the same.
