Code.
16. The expression 'burden of proof' is understood
distinctly as 'legal burden' and 'evidential burden'. 'Legal
burden ... legal burden',
namely the burden of proving everything essential to establish
the charge against the accused lies upon the prosecution, and
that burden never
prove the fact in issue; and the evidential burden (burden of adducing evidence or burden of going forward), which is the duty of showing that ... crime and the mens rea. It must first satisfy the evidential burden to show that its allegations have something to support them. If it cannot
prove the fact in issue; and the evidential burden (burden of adducing evidence or burden of going forward), which is the duty of showing that ... crime and the mens rea. It must first satisfy the evidential burden to show that its allegations have something to support them. If it cannot
prove the fact in issue; and the evidential burden (burden of adducing evidence or burden of going forward), which is the duty of showing that ... crime and the mens rea. It must first satisfy the evidential burden to show that its allegations have something to support them. If it cannot
circumstances of
the case and the preponderance of probabilities, the
evidential burden shifts back to the complainant and,
thereafter, the presumptions under Sections ... also, where the Supreme
Court observed:
11. Though the evidential
burden is initially placed on the
Defendant by virtue of Section
further held that:
"Though the evidential burden is initially
placed on the defendant by virtue of Section
118 it can be rebutted ... presumption "disappears". For the purpose
of rebutting the initial evidential burden,
the defendant can rely on direct evidence or
circumstantial evidence
further held that:
"Though the evidential burden is initially
placed on the defendant by virtue of Section
118 it can be rebutted ... presumption "disappears". For the purpose
of rebutting the initial evidential burden,
the defendant can rely on direct evidence or
circumstantial evidence
circumstances of the case and the
preponderance of probabilities, the evidential burden shifts back to the
complainant and, therefore, the presumptions under Sections ... supposition that consideration did not exist (emphasis supplied).
Though the evidential burden is initially placed on the defendant by
virtue
circumstances of the
case and the preponderance of probabilities, the evidential burden
shifts back to the complainant and, therefore, the presumptions
under Sections ... supposition that consideration did not exist (emphasis supplied).
Though the evidential burden is initially placed on the defendant by
virtue
circumstances of the case and the
preponderance of probabilities, the evidential burden shifts back to the
complainant and, therefore, the presumptions under Sections ... supposition that consideration did not exist (emphasis supplied).
Though the evidential burden is initially placed on the defendant by
virtue
