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Deepak Narayan Bhandarkar   07 October 2018

IS OPINION OF JUDICIAL OFFICER EQUIVALENT TO LAW ??

1- CBI court acquitted ministers in UPA government in 2G case saying no evidence came forth even when SC had cancelled the allotments of 2G spectrum to accused persons
Matter is before the higher court .
2- In Aarushi murder case , CBI court upheld the theory wherein the burden of proof was shifted from prosecution to defence to explain the act of offence when accused and victim was at the place of offence and only accused and not the victim survived when there was in the opinion of court ,no possibility of external interference . But Allahabad court acquitted the accused saying there was no evidence against the accused .
The matter is before the higher court .
3- Trial Court convicted a TV host for murder of his wife in January 2000 and sentenced him to life term . But Delhi high court recently acquitted him saying " his conviction was based on surmises and conjectures and not on evidence ."

There may be many such cases where accused got acquittal.

The mute points that arise
a) The victim and his relatives do not get justice .
b) The accused also dose not get justice and unnecessarily suffers for no faults of his own for years together financially ,mentally and physically
c) The acquittal of accused may be for reason of technicality , inept investigation ,improper presentation of evidence,lack of evidence , nonapplication of mind by the judicial officer among other reasons .
d) The investigators and judicial officers do not suffer in such cases
e)The real criminal was never before the court to face the trial in the first place .
f) It appears that the only question before the court was whether the accused had or had not committed the offence he was accused of .
g) Perhaps it is the one of several reasons for courts getting overburdened with cases
h) As time passes the trail /clues become obscure , vanish and help the real culprit .

If all cases are to be decided by SC then why waste time in lower courts ?

The common man believes that in view of settled judicial views and legal interpretations of provisions of acts by SC there should not be much scope for cases to move to higher courts.
OR
Does he really get justice in lower courts ?


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 1 Replies

Adv Deepak Joshi +917017821512 (Advocate)     07 October 2018

Dear querist,

This could be good subject for debate, but bar and bench work on hard coded principals of law. They do have their privileges and limitation.

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

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