Burden of Proof shifts to Accused after initial burden has been discharged by the prosecution Archives - Shades of Knife

State of Maharashtra Vs Dnyaneshwar Laxman Rao Wankhede on 29 Jul 2009

ShadesOfKnife — Thu, 26 Jan 2023 15:11:18 +0000

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 […]

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Nawab Vs State of Uttarakhand on 22 Jan 2020

ShadesOfKnife — Wed, 10 Mar 2021 16:14:03 +0000

Based on Sharad BirdhiChand here, Apex Court held that the defence of accused is full of holes and cannot be believed and hence his appeal was dismissed.

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Sharad Birdhi Chand Sarda Vs State of Maharashtra on 17 Jul 1984

ShadesOfKnife — Wed, 10 Mar 2021 15:48:21 +0000

Landmark judgment by a 3-judge bench of Supreme Court around circumstantial evidence (Sec 106 of Evidence Act 1872) basis which the accused were acquitted. The 5 golden principles postulated in this decision are as below. 153. A close analysis of this decision would show that the following conditions must be fulfilled before a case against […]

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Shamnsaheb M. Multtani Vs State of Karnataka on 24 January 2001

ShadesOfKnife — Fri, 17 Jul 2020 17:57:40 +0000

Supreme Court held that the burden of proof even in a 304B Dowry death case initially lies on prosecution only and shifts to accused, only after prosecution establishes their case. Under Section 4 of the Evidence Act whenever it is directed by this Act that the Court shall presume the fact it shall regard […]

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Kali Ram Vs State of Himachal Pradesh on 24 Sep 1973 (SCR)

ShadesOfKnife — Tue, 19 May 2020 14:31:43 +0000

In this landmark judgment, Justice Hans Raj Khanna, held the following valuable principles. From Para 23, 23. Observations in a recent decision of this Court, Shivaji Sahabrao Bobade v. State of Maharashtra 1973 2 SCC 793 to which reference has been made during arguments were not intended to make a departure from the rule of […]

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