Search Results Page
Search Results
1 - 10 of 10 (0.88 seconds)Section 106 in The Indian Evidence Act, 1872 [Entire Act]
Section 201 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 376 in The Indian Penal Code, 1860 [Entire Act]
State Of Rajasthan vs Kashi Ram on 7 November, 2006
08. Elaborating the principle of "last seen alive" in State of Rajasthan vs. Kashi Ram, (2006) 12 SCC 254, the Hon'ble Supreme Court held as under:-
Suresh & Anr vs State Of Haryana on 28 November, 2014
In Suresh vs. State of Haryana, (2015) 2 SCC 227 wherein discussing the same issue in para-9 , the Hon. Court observed that :-
Kiriti Pal vs State Of West Bengal on 16 April, 2015
Section 106 does not shift the burden of proof in a criminal trial, which is always upon the prosecution. It lays down the rule that when the accused does not throw any light upon facts which are specially within his knowledge and which could not support any theory or hypothesis compatible with his innocence, the court can consider his failure to adduce any explanation, as an additional link which completes the chain. The principle has been succinctly stated in Naina Mohd., Re. (AIR 1960 Mad 218)". The above judgment was relied upon and reiterated in Kiriti Pal vs. State of West Bengal, (2015) 5 Scale 319.
Jamnadas vs State Of M.P on 29 June, 2016
In Jamnadas vs. State of Madhya Pradesh, 2016 13 SCC 12 the Hon. Supreme Court held that in a case of circumstantial evidence, when the accused offers an explanation and that explanation was found to be untrue, then same offers an additional link in the chain of circumstances, to complete the chain.
Rumi Bora Dutta vs State Of Assam on 24 May, 2013
13. A similar view has been taken by the Hon'ble Supreme Court in Rumi Bora v. State of Assam, (2013) 7 SCC 417, wherein it has been accepted that a false answer offered by the accused when his attention is drawn to the circumstances, it renders a circumstances to be of inculpating nature i.e. in such a situation a false answer can also be counted as providing a missing link for completing the chain.
1