The New Indian Express ·
Criminal trial not merely adversarial contest between prosecution and accused: SC
NEW DELHI: A criminal trial extends beyond a mere adversarial contest between the prosecution and the accused, and the court's ultimate obligation is to uncover the truth and ensure the fair administration of justice, the Supreme Court said on Monday while acquitting a man convicted of raping a five-year-old girl.
A bench of Justices Sandeep Mehta and Manmohan said the trial court as well as the Rajasthan High Court fell in grave error in convicting the man and affirming his conviction respectively.
The top court said the findings recorded by the trial court and affirmed by the high court, holding that the prosecution case stands on credible and reliable evidence, are ex-facie untenable in facts and in law.
