Friday, January 24, 2014

SC resolved the conflict between the conclusive proof envisaged under laws and the scientific proof accepted by the world.

The Supreme Court of India has recently resolved the sensitive dispute regading what kind of proof should be accepted in admeasuring the Justice, by observing in the matters of Criminal Appeal No.24 of 2014 that-" The presumption may afford legitimate means of arriving at an affirmative legal conclusion. While the truth or fact is known, in our opinion, there is no need or room for any presumption. Where there is evidence to the contrary, the presumption is rebuttable and must yield to proof. Interest of justice is best served by ascertaining the truth and the court should be furnished with the best available science and may not be left to bank upon presumptions, unless science has no answer to the facts in issue. In our opinion, when there is a conflict between a conclusive proof envisaged under law and a proof based on scientific advancement accepted by the world community to be correct, the latter must prevail over the former"

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