Search Results Page
Search Results
1 - 6 of 6 (0.25 seconds)Section 364 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Prahlad vs The State Of Rajasthan on 14 November, 2018
15. The accused persons have not denied in the cross-
examination the motive spoken to by the aforesaid
witnesses nor offered any explanation while denying the
incriminating circumstances. While recording the
statement of the accused under Section 313 of Cr.P.C.,
except total denial, they have not offered any explanation.
Once the prosecution has discharged its initial burden of
proving the involvement of accused Nos.1 and 2, it is for
the accused to offer an explanation as the witnesses stated
supra have stated about the acquaintance between the
deceased and the accused as there was money transaction
between them. In the absence of any explanation,
adverse inference has to be drawn against the accused.
Our view is fortified by the dictum of the Hon'ble Supreme
28
Court in the case of Prahlad vs. State of Rajasthan
reported (2019)14 SCC 438, paragraph 11, which is as
under;
The Indian Evidence Act, 1872
1