Ratanlal And Dhirajlal Law Of Evidence Pdf 21 2021
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The study of law of evidence further shows that though the burden of proof is on the accused, but the prosecution may, at its own risk, not rely on a confession of an accused person as such being tantamount to a confession of the crime charged against him and as such not admissible in evidence. Though a confession may come in evidence if the same is corroborated with the independent evidence of other witnesses.[23] Similarly, though the accused was found to be insane at the time of the commission of the offence, he was not exempted from the punishment imposed thereon. The court has to pronounce the sentence in accordance with the provisions of the Code and not in accordance with the preceding provisions relating to punishment for mental derangement.[24] In the case of J.M. v. State Of Maharashtra (supra), the Supreme Court held that though the state had established the fact of the commission of offence by the accused, it was not free to go beyond in proving the guilt of the accused. Further, a person who is proved to have committed any offence under the Indian Penal Code, he is presumed to be guilty of that offence until the contrary is proved and the burden of proof of innocence in such cases rests on him who pleads it. Thus, to meet the burden of proving the guilt of the accused, the prosecution has to adduce evidence to show that the offence was committed by him and that he is the person who committed the offence.[25]
The above statement is supported by the case of Atharvam v. State (1905), wherein the court held that though on the basis of the evidence in court, it was proved that the defendant did commit the offence of murder, but the additional evidence of the witnesses viz., the eye-witnesses and the medical evidence to the effect that the accused was unable to know the nature of his act at the time of the commission of the offence, his plea that he was insane at that time, did not come to the court by way of defence but was made as a confession of guilt by the accused. Even if the plea of insanity is admitted by the court, it is not so admitted that he was insane at the time of commission of the offence. The plea of insanity is only the plea of defence and not a confession of guilt and as such cannot be relied upon by the prosecution.
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