LAW FOR ALL

Sec.106 of Evidence Act - Non- explanation of husband how his wife was died when both together in a inside locked room - though all relatives of Accused turned hostile - burden never shifts as the prosecution proved about locking of door with his wife in side a room for whole day - where the wife found dead Apex court held and relied on Section 101 lays down the general rule that in a criminal case the burden of proof is on the prosecution and Section 106 is certainly not intended to relieve it of that duty. On the contrary, it is designed to meet certain exceptional cases in which it would be impossible, or at any rate disproportionately difficult, for the prosecution to establish facts which are “especially” within the knowledge of the accused and which he could prove without difficulty or inconvenience. The word “especially” stresses that. It means facts that are pre-eminently or exceptionally within his knowledge. = State of Rajasthan ….Appellant versus Thakur Singh ….Respondent = 2014 - June. Part -http://judis.nic.in/supremecourt/filename=41708