Supreme Court · 2015 INSC 205 · Decided 11 March 2015
Ashok v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2015 INSC 205 · [2015] 6 S.C.R. 375
- Case number
- CRIMINAL APPEAL No. 2224/2011
- Decided
- 11 March 2015
- Bench
- PINAKI CHANDRA GHOSE, N.V. RAMANA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 201, 498A; Evidence Act Section 106
Headnote
Evidence Act, 1872 - s. 106 - Burden of proof under - Admission of last seen together rule - On facts, murder of c wife and two daughters - Husband last seen together with the deceased - Conviction and sentence of husband for offences uls. 302, 201, 498A /PC by the courts below holding that the and prove his case due to admission of last seen together which D the husband had failed to explain - On appeal, held: Prosecution did not bring any clinching evidence in support of last seen together theory so as to shift the burden of proof on the husband - Thus, the prosecution evidently
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