https://www.taxtmi.com/caselaws?id=169496 Section 106 of the Evidence Act applies only to facts especially within the accused's knowledge and cannot relieve the prosecution of its primary burden in a criminal case. The railway-ticket illustration is confined to special situations where the passenger alone can readily explain the facts; it does not apply where the prosecution can obtain the relevant information from its own records and registers with due diligence. On the material discussed, the facts were not shown to be exclusively within the accused's knowledge, so the burden did not shift and no conviction or retrial could safely be founded on the evidence adduced. en-us Mon, 12 Mar 1956 00:00:00 +0530 Thu, 23 Apr 2015 13:23:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=169496 Section 106 of the Evidence Act applies only to facts especially within the accused's knowledge and cannot relieve the prosecution of its primary burden in a criminal case. The railway-ticket illustration is confined to special situations where the passenger alone can readily explain the facts; it does not apply where the prosecution can obtain the relevant information from its own records and registers with due diligence. On the material discussed, the facts were not shown to be exclusively within the accused's knowledge, so the burden did not shift and no conviction or retrial could safely be founded on the evidence adduced. Case-Laws Indian Laws Mon, 12 Mar 1956 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=169496