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K. M. Nanavati vs State Of Maharashtra on 24 November, 1961

63. To avoid repetition it can here be mentioned that the law with regard to the discharge of burden of proof by the prosecution, or by the defence against whom a presumption can be drawn under Section 105 of the Evidence Act, is as detailed in K.M. Nanavati vs. State of Maharashtra10, and whether the accused has been able to discharge the burden of proof is to be judged on the basis of the "test oil probabilities" or the 10 AIR 1962 SC 605 19 "preponderance of probabilities" in the same manner as the Court records a finding in a civil proceeding. This rule applies to the accused. A more rigorous proof is called for from the prosecution which must establish its case beyond reasonable doubt.
Supreme Court of India Cites 44 - Cited by 284 - Full Document

V.K.Mishra & Anr vs State Of Uttarakhand & Anr on 28 July, 2015

"15. Section 162 Code of Criminal Procedure bars use of statement of witnesses recorded by the police except for the limited purpose of contradiction of such witnesses as indicated there. The statement made by a witness before the police Under Section 161(1) Code of Criminal Procedure can be used only for the purpose of contradicting such witness on what he has stated at the trial as laid down in the proviso to Section 161(1) Code of Criminal Procedure.
Supreme Court of India Cites 20 - Cited by 163 - R Banumathi - Full Document
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