Rahil vs State (Govt. of N.C.T. of Delhi) 2025 INSC 858 - S.65B Evidence Act - CrPC - Appeal
You must sign in or subscribe to read our notes on this judgment.
Code of Criminal Procedure 1973 - Section 378,386 - In an appeal against acquittal, the appellate court would not interfere with the finding of the trial court unless the same finding is wholly perverse or against the weight of evidence on record. In the event acquittal is based on findings which are reasonable and plausible, appellate court would be slow to interfere with the same as the presumption of innocence stands re-enforced by the acquittal. (Para 16)
Indian Evidence Act 1872 - Section 65B(4) - Issuance of certificate under section 65-B(4) is a condition precedent for admissibility of computer-generated secondary evidence. It cannot be supplemented through oral evidence- Followed Anvar PV v. PK Basheer (2014) 10 SCC 473 (Para 33)- Section 106 - In a criminal case whether based on direct or circumstantial evidence, the burden of proof always rests on the prosecution. Only when the prosecution discharges the initial onus, that is, proves the incriminating attending circumstances to establish the cause of death are within the ‘special knowledge’ of an accused does the onus shift and an adverse inference against such accused may be drawn if he fails to discharge such onus. (Para 42)
External Links:

