The single-judge bench of the Jharkhand High Court held that the major human rights treaties do not provide an explicit right to compensation for the acquitted accused, an acquitted accused in a criminal case cannot claim compensation as human rights remedy because detention before or during a trial does not violate their human rights.
Brief Facts:
The factual matrix of the case is that the FIR was lodged by the CBI under Sections 120(B), 417, 466, 468, 471, 192, 193, 196 and 511 of the Indian Penal Code and mentioned the joint registrar note which was related to the forgery of the bail order. The charge sheet was filed and the Petitioner was convicted learned Special Judicial Magistrate CBI, Ranchi which was challenged in appeal before the Judicial Commissioner and the same was dismissed. Thereafter, the revision was filed and the Petitioner was acquitted. Therefore, the present writ petition has been filed for direction for payment of appropriate compensation to the petitioner.
Observations of the court:
The Hon’ble Court observed that an acquitted accused in a criminal case cannot claim compensation as a human rights remedy since incarceration before or during a trial does not violate their human rights. The major human rights treaties do not expressly grant an accused person the right to compensation.
It was furthermore observed that in a criminal case accused is entitled to an acquittal if the prosecution’s evidence is too weak to support a conviction.
The court furthermore noted that a person convicted and subsequently acquitted cannot be a ground for compensation and if a case of compensation is made out, then, the learned court who is passing the judgment can pass such order at the time of judgment.
Based on these considerations, the court was of the opinion that no case of interference is made out.
The decision of the court:
With the above direction, the court dismissed the Petition.
Case Title: Banshi Dhar Shukla V. Union of India through CBI
Coram: Hon’ble Mr. Justice Sanjay Kumar Dwivedi
Case No.: W.P. (Cr.) No. 06 of 2024
Advocates for the CBI: Mr. Anil Kumar, ASGI :- Ms. Chandana Kumar, AC to ASGI
Advocate for the State: Mr. Ravi Prakash Mishra, AC to AAG-II
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