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1 - 6 of 6 (0.19 seconds)Sharad Birdhichand Sarda vs State Of Maharashtra on 17 July, 1984
11. Before we advert to any conclusion it would be apposite to
reiterate the settled position of law while considering any case based
on circumstantial evidence, it has been held that onus is on the
prosecution to prove that the chain of circumstances is complete and
the infirmity of lacunae in prosecution cannot be cured by false
defence or plea. The conditions precedent to be fully established are
laid down by the Apex court in the case of Sharad Birdhichand Sarda v.
State of Maharashtra1. They are:
The Indian Penal Code, 1860
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 174 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
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