Supreme Court of India
State of Rajasthan v. Thakur Singh
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What the Court ordered
We are of the opinion that the· approach arrived at by the Trial Court was G the correct approach under the law and the High Court was completely in error in relying primarily on the fact that since most of the material prosecution witnesses (all of whom were relatives of Thakur Singh) had turned hostile, the prosecution H 9. (2009) 11 sec.
Judgment, page 13
From the headnote
Evidence Act, 1872 - s. 106 - Principle laid down u/s. 106 - Application of - Held: Section 106 provides that when any fact is especially within the knowledge of any person the burden of proving that fact is upon him - Burden of proving the guilt of an accused is on the prosecution - However, certain facts pertaining to a crime which can be known only · to the accused, or are virtually impossible for the prosecution to prove, ,need to be explained by accused and if he does not do so, then it is a strong circumstance pointing to his guilt based on those facts - On facts, wife died an unnatural
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