Narender Kumar vs State(N.C.T.Of Delhi) on 25 May, 2012
20. In the case of Narender Kumar Vs. State, (2012) 7 SCC 171, it
was held that even in a case of rape, the onus is always on the prosecution
to prove affirmatively each ingredients of the offence. Such onus never
shifts. The prosecution case has to stand on its own leg and cannot take
support from weakness of the case of defence. However, the great the
suspicion against the accused and however strong the moral belief and
conviction of the court, unless the offence of the accused is established
beyond reasonable doubt on the basis of legal evidence and material on the
record, he cannot be convicted for an offence.