Section 106, Evidence Act is not intended to absolve the prosecution from discharging its duty of conviction; Supreme Court.
The Supreme Court, while acquitting the accused of murder, said that the object of section 106 of the Indian Evidence Act is not to absolve the prosecution from its duty to prove the guilt of the accused.
A bench of Justices Sanjiv Khanna and Bela M. Trivedi observed that by invoking the provisions contained in Section 106 of the Evidence Act, the burden cannot be shifted on the accused when the prosecution could not prove the substantive facts as against the accused. was alleged. ,