Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
S. 106 Evidence Act | Accused Can't Be Asked To Discharge Burden Of Proof When Prima Facie Case Wasn't Established By Prosecution: Supreme Court
The Supreme Court has clarified that under Section 106 of the Evidence Act, the accused cannot be asked to discharge the burden of proof when the prosecution has not established a prima facie case. The ruling emphasizes that the initial burden of proof lies with the prosecution, and the accused should not bear the responsibility for disproving the charges without sufficient evidence from the prosecution.