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Will accused get benefit of doubt
10-Jun-2023 (In Criminal Law)
Though injured is not examined by prosecution, but the eyewitnesses of assault upon him are ex-facie trustworthy during trial. Can conviction be maintained or accused would be entitled to benefit of doubt.
In Criminal Proceeding Examination of Injury Report through Doctor and Examination of Injured Person as Witness is necessary. However, if the Ld. Court be please to convict the accused without examination of Medical Practitioner as well as Victim then there is enough scope to acquital the accused in appeal court.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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In terms of law benefit of doubt entitlement is there but how much the same may applicable in your case could not be ascertained at present for this one has to check out the entire trial records and charge sheet submitted .
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Adv. Mahesh Kumar Joshi
Kolkata | 200+ Answers
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I don't think accused will get benefits of doubt since witness are trustworthy. It is better that defence should examine the injured and give prosecution a chance to examine him. If prosecution does not examine then the case will be perfect in favour of injured. There will be no benefit of doubt.
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Adv. Arnab Kumar Banerjee
Kolkata | 25+ Answers
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