Onus of proof – During cross-examination, when financial capacity to pay Rs.6 lakhs to the accused was questioned, there was no satisfactory reply given by the complainant -- Evidence on record, thus, is a probable defence on behalf of the accused, which shifted the burden on the complainant to prove his financial capacity and other facts – Order acquitting the accused by Trial Court, upheld.

(SC) Decided on: 09.04.2019

Onus of proof – It was incumbent on the complainant to have explained his financial capacity -- Court cannot insist on a person to lead negative evidence -- Order acquitting the accused by Trial Court, upheld.

(SC) Decided on: 09.04.2019