Trace Your Case

ISSUE:

Whether the prosecution proved beyond reasonable doubt that the accused fraudulently claimed travel allowances without paying for second-class railway fares?

Whether Section 106 of the Indian Evidence Act applied, shifting the burden of proving payment to the accused?

RULE:

Burden of Proof: The prosecution must prove the accused's guilt beyond a reasonable doubt and cannot shift this responsibility unless facts are "especially within the knowledge" of the accused.

Section 106, Indian Evidence Act: Applicable only when specific facts are solely within the accused's knowledge and difficult for the prosecution to prove. It does not relieve the prosecution of its primary burden.

Subscribe to Read More.
Join Now
Already a member? Log in here