Certain facts to be explained by accused: SC

The Supreme Court of India reiterated that there are certain facts that can be known only to the accused and burden is on the accused to explain those facts even though it is well settled that the burden of proving the guilt of an accused is on the prosecution in a criminal case.

“The law, therefore, is quite well settled that the burden of proving the guilt of an accused is on the prosecution, but there may be certain facts pertaining to a crime that can be known only to the accused, or are virtually impossible for the prosecution to prove. These facts need to be explained by the accused and if he does not do so, then it is a strong circumstance pointing to his guilt based on those facts”, the Court said.

In the present case, wife died an unnatural death in the room occupied with her husband and the latter did not explain in his statement about the cause of her death or he was not in the room or not in the vicinity of the room while the incident occurred.

The Court further said that the very fact that all the relatives of accused turned hostile clearly gives room for suspicion and an impression that there is much more to the case than meets the eye.

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