Supreme Court of India · 1975-09-10
PARTAP vs THE STATE OF U.P.
- Citation / case number
- SC 1971/60388
- Court
- Supreme Court of India
- Petitioner
- PARTAP
- Respondent
- THE STATE OF U.P.
- Author
- RANJIT SINGH SARKARIA
- Bench
- RANJIT SINGH SARKARIA
Judgment text excerpt
The Supreme Court held that under Section 105 of the Indian Evidence Act, the accused bears the burden of proving circumstances that justify a plea of self-defence. The Court clarified that while the accused must introduce evidence to remove the presumption of absence of such circumstances, this does not require full proof of the exception for acquittal. In this case, the prosecution failed to establish its case beyond reasonable doubt regarding the mens rea necessary for murder, leading to the conclusion that the plea of private defence could not be reasonably ruled out. The appeal was allowed, overturning the conviction.