ALLAHABAD HIGH COURT Judgment/Order – APPLICATION U/s 482 No. 11118 of 2022 Judgment/Order Dated – 22/6/2022 at Allahabad Title – Atmaram Yadav 2 Others Vs. State Of U.P. And AnotherCoram – Hon’ble Yogendra Kumar Srivastava,J. Court No. – 45Case:- APPLICATION U/S 482 No. – 11118 of 2022Applicant :- Atmaram Yadav 2 OthersOpposite Party :- State of U.P. and AnotherCounsel for […]

The vital difference between the convict and accused has to be looked into by keeping at stake the cardinal principles of ”presumption of innocence until proven guilty’ and ”guilt beyond reasonable doubt’. Media trial apart from taking up the investigation on its own leads to forming public opinion against the suspect even before the court takes cognizance of the case as a result the accused who should have been presumed innocent is treated a criminal.

Where a defendant obtains remuneration as a result of or in connection with an offence of fraud based upon the obtaining of employment by false representations or non-disclosure, in what circumstances (if any) will a confiscation order based on the wages earned be disproportionate within the terms of section 6(5) of the Proceeds of Crime Act 2002, or contrary to Article 1, Protocol 1 of the European Convention on Human Rights?”

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