SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd.
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Monday, October 24, 2022
Printed For: Navami Krishnamurthy, Jindal Global University
SCC Online Web Edition: http://www.scconline.com
© 2022 EBC Publishing Pvt.Ltd., Lucknow.
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accused enters his defence. In the case on hand, it appears that on 19.07.2013, in all
eight prosecution witnesses were examined. At the end of the day, the trial court
recorded the further statement of the accused appellant. The Question No. 12 reads
thus:
“Question 12: - Do you want to submit anything else?
Answer: - Manua alias Ramakant, Kamlkant and Ramakant had killed my elder
brother Siyaram, & for that I had lodged F.I.R. My wife Sangita and Siyaram's
daughter Gudiya were the eye witnesses of this case. The accused persons, with
intention to erase evidence, had assaulted me and my wife Sangita, and burnt her
by pouring kerosene oil. They wanted to kill me too. That's why they poured
kerosene oil on me as well. The daughter of Siyaram died of sickness. This incident
had been caused by Ramakant, Kamlakant and Ramakant.”
95. On 14.11.2013, the second further statement of the accused appellant was
recorded by the trial court wherein the Question No. 8 reads thus:
“Question 8 : - Do you want to submit anything else?
Answer : - I am innocent. I may be acquitted.”
96. On 21.07.2016, the third further statement of the accused appellant came to be
recorded by the trial court wherein the Question No. 4 reads thus:
“Question 4 : - Do you want to submit anything else?
Answer : - I and my brother Siyaram were living at village Basadiya, Police
Station-Dhaurhara. The brahmins of Basadiya had committed murder of my brother
Siyaram. I was complainant in that case. Due to their fear, I started living at
Naamdar Purwa. My wife and the daughter of Siyaram were witnesses of his
murder. His daughter had died. The accused persons of the murder of Siyaram had
killed my wife and family for erasing the evidence. They intended to kill me as well
due to which I sustained injuries.”
97. It is well settled that the prosecution must stand or fall on its own legs and it
cannot derive any strength from the weakness of the defence. Where various links in a
chain are in themselves complete, then a false plea or a false defence may be called
into aid only to lend assurance to the Court. In other words, before using the
additional link it must be proved that all the links in the chain are complete and do not
suffer from any infirmity. It is not the law where there is any infirmity or lacunae in
the prosecution case, the same could be cured or supplied by a false defence or a false
plea which is not accepted by a Court.
98. Before a false explanation can be used as an additional link, the following
essential conditions must be satisfied:
(i) Various links in the chain of evidence led by the prosecution have been
satisfactorily proved.
(ii) Such circumstances points to the guilt of the accused as reasonable defence.
(iii) The circumstance is in proximity to the time and situation.
99. If the aforesaid conditions are fulfilled only then a Court use a false explanation
or a false defence as an additional link to lend as assurance to the Court and not
otherwise. [see Sharad Biridhichand Sarda v. State of Maharashtra, (1984) 4 SCC
116 : AIR 1984 SC 1622]
100. It is sufficient if the accused person succeeds in proving a preponderance of
probability in favour of his case. It is not necessary for the accused person to prove his
case beyond a reasonable doubt or in default to incur a verdict of guilty. The onus of
proof lying upon the accused person is to prove his case by a preponderance of
probability. In the American Jurisprudence, 2nd Edition, Vol. 30, the expression
“preponderance of evidence” has been defined in Article 1164. In America the term
means “the weight, credit and value of the aggregate evidence on either side, and is
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