23. In view of the above observations and discussion, this Court is of the
considered opinion that the prosecution had failed to discharge its burden of
proving its case against the accused. It is well settled that the burden which lies
on the prosecution is to prove the case beyond all reasonable doubt and not
merely on the preponderance of probabilities. The case of the prosecution must
stand on its own two legs. Reliance in this regard is placed on the judgment ti-
tled as "S.L.Goswami v. State of M.P" reported as 1972 CRI.L.J.511(SC)
wherein the Hon'ble Supreme Court held:-
82. As the same, in the Judgement reported in 1972 SCC (Cri.)
258 in a case between Dr.S.L.Gosami Vs. State of M.P., it is
held that the onus of proving all the ingredients of an offence is
always upon the prosecution and at no stage does which shift
to the accused. It is also held that the real onus is on the
prosecution party to prove its case, including the manner of
occurrence beyond all reasonable doubt, the accused has only
to raise a doubt in the mind of the court or to satisfy the court
that the defence version disclosed by the accused was a
probable version of the occurrence.
38. The judgements passed by the Hon'ble Supreme Court reported in
(1972) 3 SCC 22 (Dr. S. L. Goswami Vs. State of Madhya Pradesh) as
well as (2019) 7 SCC 684 (Ranjit Kumar Haldar Vs. State of Sikkim)
also do not help the petitioner as the prosecution has brought on record
enough materials and has proved the case beyond all reasonable doubts
and the defence did not lead any evidence to create a doubt in the
prosecution and even during cross-examination of the prosecution
witnesses, the defence failed to create any doubt in the prosecution
evidences.