WHAT DEGREE OF PROBABILITY AMOUNTS TO PROOF
The Supreme Court of India while deciding the Crimiinal Appeal No. 85 of 2003, on 16/04/2009, in re: STATE OF RAJASTHAN vs MOHAN LAL, held as follows:-
QUOTE: A person has, no doubt, a profound right not to be convicted of an offence whichis not establshed by the evidential standard of proof beyond reasonable doubt. Though this standard is a higher standard, there is hoever, no absolute standard. What degree of probability amounts to PROOF is an exercise particular to each case. Referring to the interdependence of evidence and the confirmation of one piece of evidence by another, a learned author says [see THE MATHENATICS OF PROOF II ; GLANVILLE WILLIAMS, CRIMINAL LAW REVIEW, 1979, BY SWEET AND MAXWELL, p.340(342)] :
The simple multiplication rule does not apply if the separate pieces of evidence are dependent. Two events are dependent when they tend to occur together, and the evidence of such events may also be said to be dependent. In a criminal case different pieces of evidence directed to establishing that the defendant did the prohibited act with the specified state of mind are generally dependent. A junior may feel doubt whether to credit an alleged confession, and doubt whether to infer guilt from the fact that the defendant fled from justice. But since it is generally guilty rather than innocent people who make confessions, and guilty rather than innocent people who run away, the two doubts are not to be multiplied together. The one piece of evidence may confirm the other.
[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
VENKATRAMAN RAGGHUPATHY, Web admin.
