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In case of Appreciation of Evidence –
(i) The court has to decide on the basis of the evidence adduced before it by the parties whether the guilt of the accused is made out beyond a reasonable doubt and in civil
case, on the balance of probabilities the plaintiff has made out a case for relief.
(ii) For a proof to be beyond reasonable doubt, the standard of reasonable man must be adopted. Every piece of evidence has to be subjected to the test of objectivity.
(iii) For a Proof to be beyond reasonable doubt, the standard of reasonable man must be adopted. Every piece of evidence has to be subjected to the test of subjectivity.
(iv) The prosecution case has to rest on its own strength and also on an explanation by the accused person or his inability to raise any plausible defence.
Select the wrong statements:-
(i), (ii), (iv)
(i), (iii), (iv)
(ii), (iv)
(iii), (iv)
Every piece of evidence has to be subjected to the test of objectivity and not the test of subjectivity. [Hallu vs. State of Madhya Pradesh AIR 1974 SC 1936]. The prosecution case has to rest on its own strength, and not on absence of any explanation by the accused person or his inability to raise any plausible defence. [Mohd. Iqbal M Shaikh vs. State of Maharashtra, AIR 1998 SC 2864.]
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