Alternative Remedies No Longer Bar Writs Writ Jurisdiction in the Indian Constitution has been borrowed from the concept of prerogative writs under English Law and was vested in the Chartered High Courts prior to commencement of Constitution. The framers of the Constitution adopted the concept of writs and funnelled such powers to fruitfully enforce the fundamental rights... Read More
The court observed that, the circumstance of ‘last seen’, along with the failure to provide a reasonable explanation of the accused are not enough to establish the guilt of the accused being reasonable doubt. As the case was relying on the last seen theory and no plausible explanation was provided by the accused, the guilt of the accused was not established beyond reasonable doubt and homicidal death is in the realm of uncertainty. Thereby, the accused was not convicted under section 302 of IPC.