CORAM:
HON’BLE MR. JUSTICE VIKAS MAHAJAN

Ravi Rai vs STATE of Delhi BA 1725/23 08/04/24 [ DELHI HIGH COURT ]

Evidence Act Section 106 Section 302 IPC Murder of own four month child — Bail – The petitioner is accused of murdering his four-month-old child during a quarrel with his wife – The main issue is whether the petitioner should be granted bail considering the testimonies of the prosecution witnesses – The petitioner argues that the prosecution witnesses, including his wife, did not support the prosecution’s case, and he has been in custody for over two years without any criminal record or flight risk –

The prosecution contends that the wife did not support the case due to being the petitioner’s wife and suggests the burden of proof lies with the petitioner under Section 106 of the Evidence Act – The court granted bail to the petitioner based on the lack of support from prosecution witnesses and the prolonged custody without trial conclusion in sight – The court reasoned that the prosecution must prove the accused’s guilt beyond reasonable doubt before the burden shifts to the accused to explain facts within their knowledge – The court cited precedents stating that Section 106 of the Evidence Act does not automatically shift the burden of proof to the accused.

– The petitioner was granted bail with specific conditions, and the observations made are solely for the purpose of this bail application, not affecting the trial’s merits

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RAVI RAI versus STATE (GOVT. OF NCT OF DELHI) The Law Literates Judgment

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