Report No. 152
11.4. Later Decisions.-
It may be mentioned that after the above judgment of the Supreme Court, followed by the above Report of the Law Commission, the question of burden of proof in such cases has come before the courts more than once. In one of the cases,1 the following observations occur:-
"If a person is in police custody, then what has happened to him is peculiarly within the knowledge of the police officials who have taken him into custody. When the other evidence is convincing enough to establish that the deceased died because of the injuries inflicted by the accused, the circumstances would only lead to an irresistible inference that the police personnel who caused his death must also have caused the disappearance of body."
In another case2 where the victim taken into police custody was on the next day found dead at a place near the police post, the court held that the burden was on the State how the victim came to sustain the injuries resulting in his death. The need for a change in the rule regarding burden of proof was adverted to in this case also.
1. Bhagwan Singh v. State of Punjab, (1992) 3 SCC 249.
2. Nilabati Behera v. State of Orissa, (1993) 2 SCC 746.