materials available on record makes it crystal clear that it is highly improbable for the accused to demand the illegal gratification for the issue ... version of PWs.2 & 4 on this aspect is highly improbable and unbelievable. It is the further version of the prosecution through the evidence
2016)
witness.
42. The defence counsels have thereafter, pointed out to the
improbabilities in the statement of PW3. It is pointed out that ... patient as stated by PW5. This is said to be highly
improbable. It is also submitted that the time
facts
pleaded by the appellant (complainant) about the liability being
highly improbable.
2. By the criminal appeal at hand, instituted with leave of this
Court ... seem believable. The cross-
examination of the complainant has revealed certain
improbable facts, for example, the complainant deposed that
he earns an amount
initial onus of proof showing that the
existence of consideration was improbable or doubtful
or the same was illegal, the onus would shift ... preponderance of
probabilities showing that the existence of
consideration was improbable, doubtful or illegal.
In this connection, reference may be made to a decision
solitary witness, whose
version was laden with inconsistencies, absurdities, and
improbabilities, is patently illegal and cannot, in any view of the
matter, be sustained ... inconsistent and
contradictory in description, thus rendering the prosecution
version highly improbable. The learned counsel emphasised
that the evidence on record by no means convincingly
prosecutrix does not inspire confidence and is on
the whole improbable. The whole story is also suggestive of it being a
consensual ... Delhi ), (2009) 15 SCC 566, wherein
the Supreme Court found it improbable that the husband of the victim
of rape, after coming to know
Chitkara has argued that the story of the
prosecution is totally improbable and unconvincing. The
findings of conviction, as recorded by the learned Court below ... totality and the story projected by the
prosecutrix is found to be improbable, the prosecutrix's case
becomes liable to be rejected. Relevant paras
whole story put forth by the prosecution was found to be
improbable. Aggrieved, the State has filed the present leave to appeal
against the judgment ... could not be
relied upon without corroboration is as the story is improbable. In
Tameezuddin v. State (NCT of Delhi
wherein the Supreme Court finding the
story of the prosecution to be improbable and the behavior of the
prosecutrix unusual as she had inter alia ... Delhi ), (2009) 15
SCC 566, the Supreme Court found it improbable that the husband of
the victim of rape, after coming to know
observed as under:
(1) the case of the prosecution is full of improbabilities and the
material witnesses have made numerous improvements of
material facts, more ... totality and the story projected by the prosecutrix is found to be
improbable, her version is liable to be rejected. In the case of Sadashiv
