Accused's Burden To Prove His Defence Taken U/s 313 CrPC Is Not Beyond All Reasonable Doubts: Supreme Court

The Supreme Court observed that the burden of proof on an accused in support of the defence taken under Section 313 of Code of Criminal Procedure is not beyond all reasonable doubt as it lies on the prosecution to prove the chargeThe accused has merely to create a doubt and it is for the prosecution then to establish beyond reasonable doubt that no benefit can flow from the same to the. The Supreme Court observed that the burden of proof on an accused in support of the defence taken under Section 313 of Code of Criminal Procedure is not beyond all reasonable doubt as it lies on the prosecution to prove the charge The accused has merely to create a doubt and it is for the prosecution then to establish beyond reasonable doubt that no benefit can flow from the same to the accused, the bench of Justices Navin Sinha and R. Subhash Reddy said while acquitting a woman accused of murdering her sister in law. The Trial Court convicted her relying on the testimony of the child witness that she stuffed cloth in the mouth of the deceased after which she was set on fire by other accused. The burden of proof on an accused in support of the defence taken under Section 313 CrPC is not beyond all reasonable doubt as it lies on the prosecution to prove the charge.