The Supreme Court has set aside the conviction and sentence of an accused convicted of kidnapping and murder, ruling that the prosecution’s failure to establish ownership of the apartment or tenancy of the accused completely dismantles the adverse presumption under Section 106 of the Indian Evidence Act, 1872. A Bench of Justice J.B. Pardiwala and
Failure to Prove Tenancy of Flat Where Body Was Found Defeats Reliance on Section 106 Evidence Act: Supreme Court Acquits Murder Accused
