Nilesh Baburao Gitte v. State of Maharashtra 2025 INSC 1191 - Criminal Trial - S.106 Evidence Act

Criminal Trial - A document produced by the prosecution as part of the chargesheet pursuant to the investigation though not exhibited can be relied upon by the defence. (Para 35)

Circumstantial Evidence - Five golden principles to be kept in mind while appreciating a case based on circumstantial evidence- Referred to Sharad Birdhichand Sarda vs. State of Maharashtra, (1984) 4 SCC 116. (Para 25)

Indian Evidence Act 1872 - Section 106 - Quoted from Shambu Nath Mehra v. The State of Ajmer: In a criminal case the burden of proof is on the prosecution and section 106 is certainly not intended to relieve it of that duty. On the contrary, it is designed to meet certain exceptional cases in which it would be impossible, or at any rate disproportionately difficult, for the prosecution to establish facts which are “especially” within the knowledge of the accused and which he could prove without difficulty or inconvenience. The word “especially” stresses that. It means facts that are pre-eminently or exceptionally within his knowledge. If the section were to be interpreted otherwise, it would lead to the very startling conclusion that in a murder case the burden lies on the accused to prove that he did not commit the murder because who could know better than he whether he did or did not. (Para 43)