Law: Criminal Procedure Code (V of 1898)

Section: 342

Criminal Procedure Code, 1898 (V of 1898)-- ---S. 342--Statement of accused--Status of a statement--Stance of Accused/appellant is more convincing in light of his detailed statement u/S. 342 Cr. P.C, yet it needs to be appreciated in light of principles of evidence including standard to prove his plea of self defence and medical evidence--It is trite that there are different standards to prove a fact by prosecution and defence--This expression can further be analyzed in manner that standard of proof required from prosecution is proof beyond reasonable doubt, reasonable doubt means, something to which you can assign a reason--‘Beyond reasonable doubt’, a formulation has been approved in more than one occasion by House of Lords. [Pp. 530 531] C Burden of proof-- ----Standard of proof put legal burden or evidential burden on parties to prove facts--Legal burden refers to party to satisfy court in respect of a fact in issue--It should be noted that legal burden in respect of different facts in issue can rest on one or other of parties within same case--In criminal cases, it is a fundamental tenet that prosecution bears legal burden of proving its case against accused, although it was only in 1935, in case of Woolmington v. DPP (1935), that this was definitely established--Reginald Woolmington was sentenced to death for murdering his wife, who has threatened to leave him--He claimed that it was an accident, that he brandished murder weapon, a gun, in order to frighten her into returning home with him (by causing her to think that he was going to commit suicide), when it accidentally went off.[P. 531] D Presumption-- ----Rule of law--Legal burden--There are certain situations when not legal burden yet accused is under obligation to discharge evidential burden. There are certain rules of evidence known as presumptions, which have an effect on normal incidence of burden of proof--A presumption is a rule of law which provides that if a party proves a certain fact (known as primary fact) then other fact (presumed fact) will also be taken to be proved unless evidence is adduced by opponent to ‘rebut’ presumptions, or, in other words contradict presumed fact.[P. 532] E…

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