burnt, except for the soles of her
feet. It is, therefore, highly improbable that a person who is in
such a critical state and under ... therefore,
follows that in cases where the surrounding circumstances are
suspicious or improbable, the Court ought to be extremely cautious
while basing a conviction
stated as follows.
"The maxim applies whenever it is so improbable that such an accident would have happened without the negligence of the defendant ... where the circumstances of an accident are such that it is so improbable that it could have occurred without the negligence of the defendant, that
giving the extra-judicial confession to P.W.14 appears to be improbable;
that to gain something from the police, P.W.14 was deposing ... leaders and in such circumstances,
giving extra-judicial confession appears to be improbable; that the police had
already called
that the accused had taken
away the child;
(iii) It is improbable that after so many days the accused would be
wearing the same clothes ... regard to the contention of the Appellant‟s counsel that it
is improbable that the accused was still wearing the same blood
stained clothes which
witnesses in the office
room of the deceased, appears to be improbable because that room would not
accommodate the physical presence of two or three ... into the room while seven persons were already in the
room makes improbable to believe the version of eye witnesses; that the
presence of other
prosecution has
seized a stone from the place of incident. It looks improbable
that accused 3 and 4 had used single stone to assault ... seized by the
investigation officer is marked as MO-5. It looks improbable
that accused 3 and 4 had assaulted PW-4 with a single
well as in the charge sheet are so absurd and
inherently improbable, the learned counsel appearing for the petitioner
contended that since the learned Magistrate ... particular way and therefore, the
allegation itself is absurd and inherently improbable, I would like to state
that from the facts of the case
cross-examination. It is
submitted that his presence on spot was highly improbable and
no
significance could be attached to his account regarding the
circumstances
suspicion after seeing CW-4
and abruptly left the hotel, looks highly improbable. PW-2
and other witnesses had again reassembled in the office ... accused when they were
proceeding on a motor cycle looks highly improbable. The
road on which they were proceeding on the motor cycle is
located
cross-examination. It is
submitted that his presence on spot was highly improbable and no
significance could be attached to his account regarding the
circumstances
