SUPREME COURT OF INDIA while deciding the Criminal appeal No. 85, on 16/04/2009, in re: STATE OF RAJASTHAN vs MOHAN LAL, observed as follows : -

QUOTE : The concepts of probability, and the degree of it, cannot obviously be expressed in terms of units to be mathematically enumerated as to how many of such units constitute proof beyond reasonable doubt. There is an unmistakable subjective element in the evaluation of the degrees of probability and the quantum of proof.. Forensic probability must, in the last analysis, rest on a robust common sense and, ultimately, on the trained intuitions of the judge. While the protection given by the criminal process to the accused persons is not to be eroded, at the same time, uninformed legitimization of trivialities would make a mockery of administration of criminal justice. This position was illuminatingly stated by Venkatachaliah, J (as His Lordship then was) in STATE OF U.P. vs KRISHAN GOPAL [1998 (4) SCC 302] UNQUOTE

[for full text of the judgement please visit http://www.taxesinindia.com and click on the citation taxind_2009_sc_cra_85]

SUPREME COURT JUDGEMENT

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Tags : concepts of probability, reasonable doubt, robust common sense, administration of criminal justice

SUPREME COURT JUDGEMENTS administration of criminal justice, concepts of probability, reasonable doubt, robust common sense