Q: Discuss about the citation of Mukund Vasudev Naik V. Deepak Shamsundar Naik, 2015, Bombay High Court ?

Ans: Mukund Vasudev Naik V. Deepak Shamsundar Naik, 2015, Bombay High Court.

It is well settled that the standard of proof, for the accused, is preponderance of probabilities as well as inference of preponderance of probabilities can be drawn not only from the materials on record, but also by reference to the circumstances upon which the accused relies. The safeguars of an accused appear to be genuine. It is merely because the accused did not respond to the statutory notice as well as did not state anything specifically in his statement under section 313 of Cr. P.C. and did not step into the witness box, that would not mean that an accused has failed to discharge or release the burden.

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