Dr. (Smt.) Nupur Talwar vs State Of U.P. And Anr. on 12 October, 2017
delay of 3-4 days was material and an alternative hypothesis as being the cause of death during this period could not have been ruled ... proved to be complete so as to rule out any alternative hypothesis as being the cause of death.
20. Law with regard to the principles
hypothesis of guilt attributed to the accused appellant and as an alternative hypothesis seems more probable i.e. the distant relatives may have committed ... case points to the guilt of the accused and that no alternative hypothesis exists in the facts of the case.
30. This is a case
other hand, the accused can put forward any alternative hypothesis reasonably possible or even moderately probable, the accused is entitled to the benefit ... drafts were stolen or otherwise, it appears to me that no alternative hypothesis has been set up or is possible on all this evidence except
learned counsel would further submit that there is an
alternative hypothesis, which will be inconsistent with the guilt of the
accused. According ... murder for gain. In our considered
view, it is not every alternative hypothesis, which is suggested by the
defence, that would create doubt
also the requirement of law that the prosecution must show that alternative hypothesis does not exist on facts.
48. In Sharad Birdhichand Sarda vs. State ... hypothesis of guilt on part of the accused appellant and an alternative hypothesis cannot be ruled out.
51. There is also a considerable delay between
hypothesis of guilt against the accused-appellant but the alternative hypothesis does exist on facts, which may support the innocence of the accused-appellant ... clearly not established in the facts of the case. Rather, alternative hypothesis does exist on facts to support the appellant's innocence. In such
circumstances on which the
prosecution relies must be consistent with the sole
hypothesis of the guilt of the accused. It is not to be
expected ... practical application, the test
which requires the exclusion of other alternative hypothesis
is far more rigorous than the test of proof beyond
reasonable doubt
that they
became members of the Service.
The acceptance of the alternative hypothesis, that
temporary posts bearing the same designation as that of the
posts ... read in an extended sense, which is what the alternative
hypothesis requires, every temporary post which carries the
same designation as that
dying
declaration projected by the prosecution gets credence the
alternative hypothesis of suicide can be eliminated
justifiably. For that purpose a scrutiny of the dying