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Bidhan Dave (Advocate)     08 March 2010

Moral Conviction

The defination of   "Moral Conviction"  cant not be found in any procedure code. Many criminal advocate have observed & faced Moral Conviction.

The Moral Conviction can be defined as a conviction even though  the evidence is not enough to convict but the judge personally feels that the accused is guilty & hence pass order of conviction. The same judge is also aware of the fact that the accused will be acquitted by the high court because the evidence is not enough for conviction.

I strongly feel the moral conviction is very bad & judges who are not well versed with law, resorts to the moral conviction. Moral conviction had ruined the life of many innocent persons. It is high time the higher courts must stop this practice & train the lower judges.

It is easier to pass the order of conviction, but difficult to pass order of acquittal. Order of acquittal require through discussion & appreciation of evidence. You have to have through knowledge of law of evidence to do justice.



Learning

 1 Replies

N.K.Assumi (Advocate)     08 March 2010

I am of the view that morality or immorality or sympathy or antipathy has got nothing to do with the Law. The accused should be convicted only be judging him guilty according to legal evidence produced by the prosecution and conviction of the accused  on the moral conviction of the judge will lead to a very startling criminal jurisprudence.


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