Law:

Section:

Penal Code (XLV of 1860)-----------S. 84-Plea of insanity-Burden of Proof-Creation of mere doubt as to existence or otherwise of circumstances bringing the case within exception not enough­--Unsoundness of mind must be affirmatively established within meaning of section-Evidence Act (I of 1872), Ss. 4, 105. Per Rahman, J.-Where the facts established, prima ,facie make out a case justifying the conviction of a person, of an offence, unless certain other facts are proved, bringing the offence within one of the general or special exceptions of the Penal Code, the mere creation of a doubt on the part of the accused as to the existence or otherwise of those special circum­stances asserted on his behalf would not suffice. In such a con­tingency, the necessary facts could be said to be neither "prov­ed" nor "disproved", and hence they would fall within the de­finition of "not proved" given in the Act. In view of the clear language of section 105, it would be anomalous to hold that, although the exceptional circumstances were not proved, yet the accused was entitled to have the benefit of a doubt arising on the whole case. This would imply the contradictory finding that certain circumstances were "not proved" and yet their existence should in some sense be regarded as sufficiently pro­bable to extend their benefit to the accused person. The test in such cases would be the probability or otherwise of the existence or otherwise of the relevant circumstances. Of course there may be cases in which the defence taken may cast a doubt on the existence of the requisite intention or mens rea which proves a necessary ingredient of the offence. In such cases it is conceivable that the accused may succeed in secur­ing an acquittal on the strength of a reasonable doubt created on that point. But where the circumstances of the defence plea do not affect the ingredients of the offence established by the prosecution evidence e.g., where the right of private defence or circumstances of grave and sudden provocation are pleaded, no such question can possibly arise and the accused must "prove" his defence plea within the meaning of the Act. The standard of proof required of an accused…

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