Justice Ajay Rastogi and Justice Abhay S. Oka
Litigation News
What the Supreme Court held on failure to discharge burden under Section 106 Evidence Act
The Court acquitted a murder accused, observing that when the chain of circumstances is not complete, falsity of defence is no ground to convict the accused.
The Supreme Court acquitted a murder accused on the ground that when a case is governed by circumstantial evidence, if the chain of circumstances is not established, the failure of the accused to discharge the burden under Section 106 of the Indian Evidence Act, 1872 is not relevant at all (Nagendra Sah v. The State of Bihar).