'A' is tried for the murder of 'B'. He takes the plea of self-defence but the evidence adduced by him…
Even where the accused fails to establish an exception under s.108 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly s.105 of the Indian Evidence Act), if his evidence…
Choose your answer
'A' is tried for the murder of 'B'. He takes the plea of self-defence but the evidence adduced by him is not sufficient to put his case under this exception, although it is enough to create doubt whether the charge against him has been positively proved. In this case
Answer and explanation
Correct answer D
Even where the accused fails to establish an exception under s.108 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly s.105 of the Indian Evidence Act), if his evidence creates a reasonable doubt about the prosecution case he is entitled to the benefit of it (Pratap v. State of U.P.), so "'A' is entitled to acquittal as the prosecution has failed to prove his guilt beyond reasonable doubt."
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