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The Complainant Company I.E. Bses ... vs Bratindranath Banjerjee" Cited As ... on 11 May, 2018
cites
The Code of Criminal Procedure, 1973
Hiten P. Dalal vs Bratindranath Banerjee on 11 July, 2001
In other words, the accused is not supposed to
prove his defence beyond reasonable doubt under the law and if
any law shift the burden on the accused to rebut the
presumption, the extent of onus to be discharged by him, which
has been answered by the Hon'ble Supreme Court in case titled as
"Hiten P. Dalal Vs. Bratindranath Banjerjee" cited as 2001(6)
SCC 16 in Para 20 as follows :
"Therefore, the rebuttal does not
have to be conclusively established but such
evidence must be adduced before the court
in support of the defence that the Court
must either believe the defence to exist or
consider its existence to be reasonably
probable, the standard or reason ability
being that of the "prudent man".
Harchand Singh & Anr vs State Of Haryana on 31 August, 1973
26. The Hon'ble Supreme Court has held in "AIR 1974
page 344 in case titled as "Harchand Singh and Another vs
State of Haryana" in paragraph 11 as under:
"11. The function of the court in a criminal trial
is to find whether the person arraigned before
it as the accused is guilty of the offence with
which he is charged. For this purpose the
Court scans the material on record to find
whether there is any reliable and trustworthy
evidence upon the basis of which it is possible
to found the conviction of the accused and to
hold that he is guilty of the offence with which
he is charged. If in a case the prosecution
leads two sets of evidence, each one of which
contradict and strikes at the other and shows
it to be unreliable, the result would
necessarily be that the court wold be left with
no reliable and trustworthy evidence upon
which the conviction of the accused might be
based. Inevitably, the accused would have the
benefit of such situation".
The Electricity Act, 2003
Section 251 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 151 in The Electricity Act, 2003 [Entire Act]
Rang Bahadur Singh And Ors vs State Of U.P on 7 March, 2000
27. It is relevant to mention at this stage that it is
necessary for the prosecution/complainant to prove its case
beyond reasonable doubt as held by he Hon'ble Supreme Court in
Rang Bahadur Singh Vs. State of U.P. 2000 II AD(S.C.) 103;
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