TaxTMI 
TaxTMI 
1956 (3) TMI 35
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....ubstantive sentences are concurrent. The substance of the offences for which he was convicted lay in obtaining sums to talling ₹ 23-12-0 from Government as T.A. for two journeys, one from Ajmer to Abu Road and the other from Ajmer to Reengus. The money represents the second class railway fare for these journeys. The allegation against him is that either he did not travel at all between those places on the relevant dates, or, if he did, that he did not pay the fare. He appealed to the Sessions Judge at Ajmer and was acquitted. The State filed an appeal against the acquittal to the Judicial Commissioner of Ajmer' The learned Judicial Commissioner accepted the appeal and remanded the case for retrial before a Special Judge because, ....
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....he only question that remains is whether he paid the second class fares which he later claimed, and obtained, from Government as T.A. for those journeys. The only proof that is adduced in support of the allegation that he did not is that no second class tickets were issued at Ajmer on the relevant dates either for Abu Road or for Reengus. This is proved by the Booking Clerk Ram Dayal, P.W. 4. But the same witness proves that tickets are not always issued and that passengers can pay the fare on the train; also, if the second class is fully booked no further tickets are issued till the arrival of the train. In that case, passengers sometimes buy a third class or an inter-class ticket and then pay the difference to the conductor or guard of t....
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....". Illustration (a) says- "A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime". This lays down the general rule that in a criminal case the burden of proof is on the prosecution and section 106 is certainly not intended to relieve it of that duty. On the contrary, it is designed to meet certain exceptional cases in which it would be impossible, or at any rate disproportionately difficult, for the prosecution to establish facts which are "especially" within the knowledge of the accused and which he could prove without difficulty or inconvenience. The word "especially" stresses that. It means facts that are preem....
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....uld be easier for him to prove the substance of his explanation than for the State to establish its falsity. We recognise that an illustration does not exhaust the full content of the section which it illustrates but equally it can neither curtail nor expand its ambit; and if knowledge of certain facts is as much available to the prosecution, should it choose to exercise due diligence, as to the accused, the facts cannot be said to be "especially" within the knowledge of the accused. This is a section which must be considered in a commonsense way; and the balance of convenience and the disproportion of the labour that would be involved in finding out and proving certain facts balanced against the triviality of the issue at stake ....