Supreme Court of India
Ashok v. State of Maharashtra
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that in the present case the prosecution has failed to discharge its initial burden itself.
Judgment, page 12
From the headnote
Evidence Act, 1872 - s. 106 - Burden of proof under - Admission of last seen together rule - On facts, murder of c wife and two daughters - Husband last seen together with the deceased - Conviction and sentence of husband for offences uls. 302, 201, 498A /PC by the courts below holding that the onus of proof was on-the husband to explain and prove his case due to admission of last seen together which the husband had failed to explain - On appeal, held: Prosecution did not bring any clinching evidence in support of last seen together theory so as to shift the burden of proof on the husband -
Authorities it was built on
Where later benches applied it
- 2022 Sabitri Samantaray v. State of Odisha
- 2017 Kishore Bhadke v. State of Maharashtra
- 2017 Parasa Koteswararao v. Eede Sree Hari & Ors.
Of those, 1 relied on · 1 distinguished · 1 referred to
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