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“The subsequent acts of cleaning up the crime scene and making false enquiries amount to disappearance of evidence and raise grave suspicion against the convict. However, mere suspicion, no matter how grave, cannot take the place of proof in a criminal trial”.
The Court found that circumstances in the instant case constituted more than a prima facie case to enable the prosecution to invoke Section 106 of the Evidence Act and shift the burden on the accused husband to explain what had happened on the day & date his wife died.
In the instant case a husband was charged for the murder of his wife who died in mysterious circumstances by the Trial Court; however, MP High Court acquitted the husband as it found the child witness to be tutored.
The Court found that circumstances in the case constitute more than a prima facie case to enable the prosecution to invoke Section 106 of the Evidence Act and shift the burden on the accused husband to explain what had happened on the day & date his wife died.
“There cannot be any doubt to the proposition that the burden to prove the guilt of the accused beyond reasonable doubt is on the prosecution.”
The Supreme Court said that the evidence regarding the last seen theory was totally unreliable and the evidence regarding the Call Detail Records also did not inspire any confidence.