The Hon’ble Supreme Court in the case of Krishna Janardan bhat Vs. Dattatraya G. Hedge, 2008 4 SCC 54 Where in it has been held that the prosecution must prove the guilt of the accused beyond all reasonable doubts where as the standard of proof so as to prove the defence on the part of the accused is preponderance of probability which can be drawn not only from the material brought on record by the parties, but also by reference to the circumstances upon which he relies. The accused can rebut the presumption by relying upon the material which has same on record in he cross examination of the witness and he/she need not examine himself / herself.