Trial judges often convict innocent people because of their career prospects: Allahabad High Court

The court made these observations in 2010 while accepting an appeal filed by a man convicted by a trial court of murdering his wife in 2009.

The man was initially charged under Section 316 of the Indian Penal Code (IPC) with demanding dowry, cruelty to his wife, committing the offense of dowry death and causing death of an unborn child. The trial court later amended the charges and convicted him of offenses under Section 302 (murder) in addition to Section 316 of the IPC.

However, the Supreme Court found that the prosecution had not proven even the allegations of dowry death or cruelty. Despite this, the court panel added murder charges against the defendant on the grounds that a two-month-old fetus was found in his deceased wife’s womb.

Notably, the Supreme Court found that the defendant was not even allowed to defend himself against the newly added charge of murder.

“There is no doubt that the charge may be changed at any stage of the trial; but in such a case, the learned court must give proper and fair opportunity to the accused to defend himself against the amended charge so that his interests are not prejudiced. Must have the opportunity to have a fair trial,” said the Supreme Court.