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It is the duty of the prosecutor and defense counsel as well as all public authorities involved in a case to maintain the presumption of innocence by refraining from pre-judging the outcome of the trial.

It is very much in consonance and important that while the judiciary is dealing with the fair trial proceedings, the Courts should act as competent and impartial judgment has to be given with all independent on the judiciary. In a criminal trial, as the state is the prosecuting party and the police are also an agency of the state, it is important that the Judiciary is unchained of all suspicion of government influence and management, direct or indirect. The whole burden of a fair and impartial trial thus rests on the shoulders of the judiciary in India.

In Shyam Singh v. the State of Rajasthan (1973 CriLJ 441, 1972 WLN 165), the court observed that the question is not whether bias has actually affected, the judgment. The real take a look at is whether or not there exists a circumstance in keeping with that a party might moderately apprehend that bias due to a judicial officer should have operated against him in the final decision of the case.

“"Autrefois Acquit and Autrefois Convict”"

According to this doctrine, if a person is tried and acquitted or convicted of an offense he cannot be tried again for the same offense or on the same facts for any other offense. This doctrine has been substantially incorporated in article 20(2) of the Constitution and is also embodied in section 300 of the Criminal Procedural Code.

Which is true about a Criminal trial?

A) Both the prosecuting party and the police are state agencies

B) Only the prosecuting party is the state agency

C) Only Police is the state agency

D) Neither the prosecuting party nor the police are state agencies