Whether a court has to presume plea of private defence in favour of an accused, if the circumstance of the case warrants so, When right of private defence is not taken by the accused even in proceeding under section 313 CrPC?
G.L.N. Prasad (Retired employee.) 15 July 2021
Unless a fact is pleaded and argued with such evidence court can not presume on its own, unless there is strong evidence apparent on the face of it..