Section 21   [ View Judgements ]

Presumption as to offences under Sec.3


In a prosecution for an offence under sub-section (1) of section 3 if it is proved-



(a) that the arms or explosives or any other substances specified in section 3 were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of a similar nature, were used in the commission of such offence; or



(b) that by the evidence of an expert the finger-prints of the accused were found at the site of the offence or on anything including arms and vehicles used in connection with the commission of such offence; or



[1] (c) [* * * * * *]



[2] (d) [* * * * * *]



the Designated Court shall presume, unless the contrary is proved, that the accused had committed such offence.



(2) In a prosecution for an offence under sub-section (3) of section 3, if it is proved that the accused rendered any financial assistance to a person accused of, or reasonably suspected of, an offence under that section, the Designated Court shall presume, unless the contrary is proved, that such person has committed the offence under that sub-section.

FOOTNOTES:

1. Clauses (c) omitted by Act 43 of 1993, section 10.

2. Clauses (d) omitted by Act 43 of 1993, section 10.



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