Tuesday, July 2, 2013
SC:"A fact otherwise doubtful may be inferred from certain other proved facts."
In Tulshiram Sahadu Suryawanshi & Anr. v. State of Maharashtra
while dealing with Section 106 of the Evidence Act, this
Court observed as under:“A fact otherwise doubtful may be inferred from
certain other proved facts. When inferring the
existence of a fact from other set of proved facts,
the court exercises a process of reasoning and
reaches a logical conclusion as to the most
probable position. The above position is
strengthened in view of Section 114 of the
Evidence Act, 1872. It empowers the court to
presume the existence of any fact which it thinks
likely to have happened. In that process, the
courts shall have regard to the common course of
natural events, human conduct, etc. in addition to
the facts of the case. In these circumstances, the
principles embodied in Section 106 of the
Evidence Act can also be utilized. Section 106
however is not intended to relieve the prosecution
of its burden to prove the guilt of the accused
beyond reasonable doubt, but it would apply to
cases where the prosecution has succeeded in
proving facts from which a reasonable inference
can be drawn regarding the existence of certain
other facts, unless the accused by virtue of his
special knowledge regarding such facts, has
offered an explanation which might drive the court
to draw a different inference.”
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