Doctrine of the balance or preponderance of probabilities

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..... ip; It need not reach certainty, but it must carry a high degree of probability. Proof beyond reasonable doubt does not mean proof beyond the shadow of doubt. The law would fail to protect the community if it admitted fanciful possibilities to deflect the course of justice. If the evidence is so strong against a man as to leave only a remote possibility in his favour which can be dismissed with th .....

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..... nits 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. M. SIDDIQ (D) THR. LRS. VERSUS MAHANT SURESH DAS AND ORS. - 2019 (11) TMI 1396 - SUPREME COURT
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