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Soma vs. State of Rajasthan

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Evidence Act, 1872–Sec. 106 [Corresponding Sec. 109 of BSA, 2023]–Applicability–The evidence of PW 3, PW 7, and PW 10 consistently establish that at the relevant time, the accused was present at a community religious gathering and not inside the house where the incident occurred–The provisions cannot be used to cure the inherent weakness in the prosecution.