Lower court not following rulings of supreme court


Sir,

The supreme court has passed many orders with regard to cases which are based on circumstantial evidence stating that conviction can be awarded only when all the circumstances point to the guilt of the accused. However, the trial court judges overlook these judgements. Does an accused have any expeditious remedy for such cases other than appeal before the high court since the appeal takes a long time for disposal in the high court.

What actio can be taken against the judge who is flouting the orders of the Supreme Court in similar cases?

Girish

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

See the doctrine of circumstantial evidence is not a rigid principle. As opposed to direct evidence where witnesses depose as to what happenned - which is by it's very nature objective. In circumstantial evidence each fact or circumstance raises an inference - the inference of guilt or no guilt. Since it is inferential in nature, the person appreciating the evidence has an onerous responsibility. For eg : X was killed Y his friend is absconding after that. - Now a person may take this is an abscondence that is manifestive of guilty mind - Why should Y run away ? Is he guilty ? on the contrary another prudent man may take this to be as an innocent abscondence - the fear of wrongful implication + instinct of self survival - has ensured that even innocent people have fleed to escape arraignment. Hence it is too subjective - to introduce some objectivity or rather some consistent standards/safeguards the Supreme Court has over the years crystallised some principles, for eg : 

1) All circumstances established conclusively;

2) All circumstances point towards the hypothesis of guilt, and hypothesis of innocense completely ruled out; 

3) All  circumstances forming a chain, so strong and complete that the story is reconstructed before the court ; 

4) It appears that in all human probability accused committed the crime. 

 

Even after this there is always subjectivity.

 

For people wronged by specific deicsion of the trial courts - who feel these principles have been disregarded - can appeal to the higher body. 


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Thanks sir for your reply.

 
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