It was night. A beat constable was routinely making rounds in the street. He saw door of a house partly open.
He entered house. Caught a thief red handed. Thief was brought to police station. He produced key with which he had opened lock of door of house. He signed a confession in which he admitted burglary.
His trial began in court. Judge asked prosecutor to show evidence against thief.
1) First, prosecutor showed confession made by accused before police.
2) Then, he showed evidence of Policeman who had caught the thief red handed.
The Judge rejected both the evidences.
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Here, larger public safety issue is involved. If you begin to send people to jail, on basis of statement of police, or on basis of statements signed before police, then, you are giving police power to send anyone to jail.
Today this thief may go in jail. But tomorrow, many innocent people can be sent to jail by police.
So there is public policy all over world that Judges will not rely on such police evidence.
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Judge asked Prosecutor to show some more evidence to connect accused with crime.
The Prosecutor produced key which was found from the pocket of thief.
Yes. This was evidence.
Once it is proved that key of house was found from pocket of thief, it was burden of accused to explain how this key came in his possession.
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Police man came in witness box and said that he found this key from pocket of accused.
The defence lawyer asked,
"It may be true that you found a key from pocket of my client....But this can also be a key of his own flat......Did you check that this key actually opened door of burgled house?.......Did you recover anything else from my client like any stolen articles? "
The policeman said that he had not recovered any stolen article from accused. He also admitted that he had not checked that if this key actually opened the door of the burgled house.
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As there was no other evidence to connect accused with crime, judge acquitted accused.
Case of prosecution failed.
(Based on an autobiography of a famous American Judge called Lebowitz)
Haresh Raichura
27/6/2014
