The All India Reporter 1952 - Saurashtra Section with Comparative table for 4 Saurashtra Law Reporter Citation: A.I.R. (39) 1952 Saurashtra

(Para 3) In each case, whether proof of the case for the prosecution or proof of the defence set up by the accused, it is the estimate of probabili- ties arrived at from this practical standpoint by a prudent man; and in a case of this kind the two questions, the proof of the case for the prosecution and the proof of the exception put forward by the defence, are two separate ques- tions to be deci [...] (Para 3) So far as the question of the standard of proof required for the defence and the prosecu- tion is concerned, there is nothing in the Evid- ence Act to suggest that the numerical values of the two sets of probabilities ought to be the same or that they ought not to be the same, though in practice it may well be that the standard of proof required to bring a case within one of the exception [...] The words of the statute are that an accused person has to prove that his case falls within one of the exceptions, and in the absence of such proof the Court is bound to presume the absence of such circum- stances. " The accused there pleaded a right of private defence and the case was tried with the aid of a jury. [...] But if the act which is the basis of the charge is established, then in the same way it is for the accused to prove the existence of circum- stances bringing his case within the limits of the right of private defence; and 'proof' must mean the same thing in either case. " "In each case, whether proof of the case for the prosecution or proof of the defence set up by the accused, it is the estimate o [...] Consider- ing the circumstances of the case and the fact that the accused had to face the expense and worry of the trial, we think that the require- ments of the case will be met if we remit the substantive sentence of imprisonment.