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PETITIONER: SHAMBU NATH MEHRA
Vs.
RESPONDENT: THE STATE OF AJMER.
DATE OF JUDGMENT: 12/03/1956
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN AIYAR, N. CHANDRASEKHARA
CITATION: 1956 AIR 404 1956 SCR 199
ACT: Burden of Proof-Proof of facts within especial knowledge- Facts equally within the knowledge of the prosecution and the accused, if "especially within the knowledge" of the accused-Illustration, Scope of-Indian Evidence Act (I of 1872), s. 106, Illustration (b).
HEADNOTE: The appellant was put up for trial under s. 420 of the Indian Penal Code and s. 5(2) of the Prevention of Corruption Act of 1947 for obtaining a total sum of Rs. 23- 12-0 from the Government as T.A., being second class railway fares for two journeys, one from Ajmer to Abu Road and the other from Ajmer to Reengus, without having actually paid the said fares. The prosecution proved from the railway books and registers that no such second class tickets were issued at Ajmer on the relevant dates and the same witness who proved this also proved that tickets were not always issued and the passengers could pay the fare in the train and if the second class was fully booked, no further tickets were issued till the train arrived,in which case passengers sometimes bought third class or inter-class tickets and thereafter paid the difference to the guard of the train, if they could ...