Evidence Act, 1872—Section 106

Evidence Act, 1872—Section 106—Indian Penal Code, 1860, Sections 376 and 302—Appellant-accused claiming that he had received injury in an accident and not during the course of rape and murder—Held, the onus to prove his defence and the circumstances relating to his injury and treatment were within the special knowledge of the appellant-accused—He could, therefore, not keep silent and say that the obligation rested on the prosecution to prove its case.