6 years, 8 months ago

Even If There Is Reasonable Doubt Regarding Mental Condition of Accused, He/She Is Entitled To Benefit Under S.84 of IPC: Bombay HC

The Bombay High Court has held that even if there is a reasonable doubt in the mind of the court regarding the mental condition of an accused at the time of the crime, then the said accused is entitled to benefit under Section 84 of the Indian Penal Code.A division bench of Justices BR Gavai and SV Kotwal acquitted 41-year-old Mohammad Rafiq Shahabuddin Shaikh who was convicted of murder. The Bombay High Court has held that even if there is a reasonable doubt in the mind of the court regarding the mental condition of an accused at the time of the crime, then the said accused is entitled to benefit under Section 84 of the Indian Penal Code. We may gainfully refer to the observations of the Hon'ble Apex Court in recent judgment in the case of Devidas Loka Rathod vs. State of Maharashtra, when Their Lordships have observed thus: If from the material placed on record, a reasonable doubt is created in the mind of the Court with regard to the mental condition of the accused at the time of occurrence, he shall be entitled to the benefit of the reasonable doubt and consequent acquittal, as observed in Vijayee Singh vs. State of U.P. It could thus be seen that, even if a reasonable doubt is created in the mind of the Court with regard to mental condition of the accused at the time of occurrence, a benefit has to be given to the accused.” Thus, the accused was acquitted of all charges against him.

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