Supreme Court: Whether the court can cast burden U/S 106 of Evidence Act on accused if prosecution has failed to prove his presence on the spot of offence at the time of offence?

The evidence of the eye-witnesses when considered in conjunction with the testimony of the doctor does not link the Appellant directly or indirectly with the actual act leading to the unnatural death of the deceased. In absence of any persuasive evidence to hold that at the relevant time the Appellant was present in the house, it would also be impermissible to cast any burden on him as contemplated Under Section 106 of the Evidence Act. {Para 49}

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 919 of 2013 

Decided On: 03.10.2016

Jose Vs. The Sub-Inspector of Police, Koyilandy and Ors.

Hon'ble Judges/Coram:

Pinaki Chandra Ghose and Amitava Roy, JJ.

Citation: 2016:INSC:941 : (2016) 10 SCC 519,MANU/GJ/2494/2024.

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