A division bench of Apex Court cited precedents holding that,
From Para 20,
20. Even in a case where the burden is on the accused, it is well-known, the prosecution must prove the foundational facts. [See Noor Aga v. State of Punjab 2008 (9) SCALE 691 and Jayendra Vishnu Thakur v. State of Maharashtra and Anr. 2009 (7) SCALE 757]
From Para 21,
21. It is also a well-settled principle of law that where it is possible to have both the views, one in favour of the prosecution and the other in favour of the accused, the latter should prevail. [See Dilip and Another v. State of M.P. (2007) 1 SCC 450 and Gagan Kanojia and Another v. State of Punjab (2006) 13 SCC 516]
Citations : [2009 RCR CRI 4 217], [2009 AIR SC 0 5411], [2009 SCC 15 200], [2009 ALL MR CRI 0 3127], [2009 SLT 6 439], [2009 JT 12 516], [2009 KHC 0 5865], [2009 CCR 3 700], [2009 OCR 44 425], [2009 AIOL 968], [2009 AIR BOMR 5 781], [2009 ANJ SC 2 180], [2010 BOMCR CRI SC 1 247], [2009 JT 12 515], [2009 SCALE 10 355], [2010 SCC CRI 2 385], [2009 SCR 11 513], [2009 ECRN SC 4 602], [2009 AIR SCW 5411], [2009 CRLJ SC 4425], [2009 TLPRE 0 871], [2009 MADLJ CRI 4 335]
Other Sources :
https://indiankanoon.org/doc/791070/
https://www.casemine.com/judgement/in/5609aecbe4b0149711414cb2
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