State By Deputy Superintendent Of ... vs R. Soundirarasu Etc. on 5 September, 2022
Author: Dinesh
presumption of regularity in the acts of officials
and that the evidential burden is upon him who asserts
to the contrary. The contention that
self-contained
provision. The first part of the section casts a burden
on the prosecution and the second on the accused.
When Section ... burden of proof" has two distinct meanings (1) the
legal burden i.e. the burden of establishing the guilt,
and (2) the evidential burden
expression burden of prool has
two distinct meanings (1) the legal burden
i.e. the burden of establishing the guilt. and
(2) the evidential burden ... acceptance. The
burden of proof placed on the accused is an
evidential burden though not a persnaswe
burden. The accused however. cot iki
discharge that
Dhan Subba vs State Of Sikkim on 15 July, 2013
Bench: Chief Justice , S. P
assets disproportionate to known sources of income burden of proof evidential burden not a persuasive burden, nothing unusual in daughter in law borrowing from
evidence in proof of the defence claimed by them, thus placing the burden on the accused to establish the defence by evidence. He submitted that ... burden of proof placed on the accused is an evidential burden though not a persuasive burden. The accused, however, could discharge that burden of proof
disproportionality of the assets over the income. But the legal burden of proof placed on the accused is not so onerous as that ... acceptance. The burden of proof placed on the accused is an evidential burden though not a persuasive burden. The accused however, could discharge that burden
weakness in the case of the defence. The
nature and extent of burden of proof u/s 5(1)(e) of PC Act
analogous ... burden of proof' has two distinct meanings (1) the legal
burden, i.e. the burden of establishing the guilt, and (2) the
evidential burden
disproportionality of the assets over the
income. But the legal burden of proof
placed on the accused is not so onerous
as that ... acceptance. The burden of proof
placed on the accused is an evidential
burden though not a persuasive burden.
The accused however, could discharge
that burden