Subramanium, learned senior counsel appearing for the appellant that Hicklin test in its original has been abandoned in United Kingdom and the approach has been more liberal regard being had to the developments in the last and the present century. 34, Indian Penal Code, in the present case. In other words, the effect of these observations appears to be to relax to some extent the rigour of "the elementary proposition that in civil -cases the preponderance of probability may constitute sufficient ground for a verdict " (p.

3 of the Evidence Act. Carr Briant (1) where it has been observed that in any case where either by statute or at common law some matter is presumed against an accused, " unless the contrary is -proved the jury should be directed that it is for them to decide whether the contrary is proved, that the burden of proof required is less than that required at the bands of the prosecution in proving the case beyond a reasonable doubt, and that the burden may be discharged by evidence satisfying the jury of the probability of that which the accused is called upon to establish " (p.

Learned counsel for the appellant had cited certain judgments in support of his submission that suspicion, however grave it may be, cannot take the place of proof, and there is a large difference between something that 'may be' proved and something that 'will be proved'. The evidence of the prosecution witnesses is trustworthy and reliable and furthermore, all the links in the chain are complete which point to the guilt of the accused.

On behalf of the State it is urged by Mr. 4(1) the High Court should not have applied the same test as has to be applied in dealing with the prosecution case. The first contention of the petitioners in this petition is that after the scheme had been approved and published under Chapter IV-A of the Act, it was the 134 duty of the Department to apply under s. It is his submission that the perception of the Victorian era or for that matter, thereafter has gone through a sea- change in the last part of 20th century and in the first part of this century and the freedom of speech and expression has been put on a high pedestal in the modern democratic republic.

A fact is said to be proved when, after considering the matter before it, the Court either believes it to exist or considers its existence so probable that a prudent man ought under the circumstances of the particular case to act on the supposition that it exists. Mathur that in construing the effect of the clause " unless the contrary is proved " we must necessarily refer to the definition of the word " proved " prescribed by s.

Charaya (PW-3), injury No. In the course of his arguments learned counsel has suggested that some of the acquitted persons might have given the fatal blows and as they have been acquitted, the appellants cannot be constructively liable for their acts. We are proceeding in this case on the basis that the acquittal is good for all purposes, and we cannot bring in the acquitted persons for an argument that they or any of them gave the fatal blows. All the aforementioned circumstances clearly and unequivocally point towards the fact that it was Prem Singh who had firstly intended to outrage the modesty of Sunita and thereafter had committed her murder.

611),(Also vide: Regina v. Anthony contends that in deciding whether the contrary has been proved or not under s. It is urged by him that in the digital age, the writings and the visuals do no longer shock or deprave or corrupt any member of the society as the persons are capable enough to accept what is being stated and not to be depraved or corrupted. The post mortem report also corroborates the case of prosecution as according to Dr.

1 was sufficient to cause death in the ordinary course of nature. The Department in this case applied only for some of the routes and in particular it was pointed out that there was no application at any rate for one out of the fourteen routes included in the scheme. He has also relied on s. We find the appeal bereft of any merits which is accordingly dismissed. The Doctor had also noticed a bite mark on the cheek of the deceased. In the circumstances, we fail to see what difficulty there is in applying s.

It is on the strength of these decisions that Mr. We do not think that this a correct way of looking at the matter. However, in the present case, as we found that the guilt of the appellant is conclusively established with the credible material, those judgments have no application. The High Court should have inquired not whether the explanation given by the appellant is wholly satisfactory but whether it is a reasonably possible explanation or not.

68F for all the routes covered by the scheme and it was only, when the Department applied for all the routes, that it would be open to the Authority to reject the applications for renewal made by the petitioners. 4 which provides that whenever it is directed that the (1) (1943) 1 K.