High Court misdirected itself in finding support for conviction on such unclinching evidence – The innocence of the appellants is a distinct possibility in the present matter and when two views are possible the benefit must go to the accused-Evidence Act, 1872 – Section 106 – Burden of Proof – As the burden to prove the guilt is always on the prosecution and cannot be shifted to the accused by virtue of Section 106
SUPREME COURT OF INDIA FULL BENCH SURENDRA KUMAR AND ANOTHER — Appellant Vs. STATE OF U.P. — Respondent ( Before : Rohinton Fali Nariman, B.R. Gavai and Hrishikesh Roy, JJ.…


