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Question In evaluating circumstantial evidence, which principle emphasizes the necessity of establishing a logical connection between the evidence and the conclusion?Anonymous voting

Principle of correlation
Principle of inference
Principle of relevance
Principle of exclusivity

0 votes

When considering the principle of "cumulative effect" in circumstantial evidence, what does it entail?Anonymous voting

The combined weight of all evidence must establish guilt.
Each piece of evidence must individually prove guilt.
Evidence should be isolated from each other for evaluation.
The accumulation of evidence cannot be considered

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Which of the following best defines the principle of "corroboration" in circumstantial evidence cases?Anonymous voting

The evidence must be corroborated by multiple sources
The evidence must support the motive of the suspect.
The evidence must collaborate with direct evidence.
The evidence must directly implicate the suspect

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Assertion: The principle of "exclusivity" in circumstantial evidence requires that evidence must exclusively point to al single suspect. Reason: Exclusivity ensures evidence excludes all other reasonable possibilities except for the guilt of accused.Anonymous voting

Both assertion and reason are true, and the reason is the correct explanation of the assertion
Both assertion and reason are true, but the reason is not the correct explanation of the assertion.
Assertion is true, but the reason is false.
Assertion is false, but the reason is true.

0 votes

No doubt, an order of acquittal is open to appeal and there is no quarrel about that. It is also beyond doubt that in the exercise of appellate powers, there is no inhibition on the High Court to re-appreciate or re-visit the evidence on record. However, the power of the High Court to re-appreciate the evidence is a qualified power, especially when the order under challenge is of acquittal. It may be noted that the possibility of two views in a criminal case is not an extraordinary phenomenon. The ‘two-views theory’ has been judicially recognized by the Courts and it comes into play when the appreciation of evidence results into two equally plausible views. However, the controversy is to be resolved in favour of the accused. For, the very existence of an equally plausible view in favour of innocence of the accused is in itself a reasonable doubt in the case of the prosecution. Moreover, it reinforces the presumption of innocence. And therefore, when two views are possible, following the one in favour of innocence of the accused is the safest course of action.

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Assertion: The applicability of Indian Contract Act, 1872, including Sections 72 and 73, to forfeiture under SARFAESI rules depends on judicial interpretations. Reason: SARFAESI Act, 2002, provides a mechanism for banks to recover their dues.Anonymous voting

Both assertion and reason are true, and the reason is the correct explanation of the assertion.
Both assertion and reason are true, but the reason is not the correct explanation of the assertion.
Assertion is true, but the reason is false.
Assertion is false, but the reason is true.

0 votes

Assertion: Section 72 of the Indian Contract Act, 1872, applies to forfeiture under the SARFAESI Act. Reason: Section 72 deals with the rights of a person who is in possession of goods under a contract of bailment when the bailor defaults.Anonymous voting

Both assertion and reason are true, and the reason is the correct explanation of the assertion.
Both assertion and reason are true, but the reason is not correct explanation of the assertion.
Assertion is true, but the reason is false.
Assertion is false, but the reason is true.

0 votes

Thus, the principle of ‘Reading Down” a provision emanates from a very well settled canon of law, that is, the courts while examining the validity of a particular statute should always endeavour towards upholding its validity, and striking down a legislation should always be the last resort. “Reading Down” a provision is one of the many methods, the court may turn to when it finds that a particular provision if for its plain meaning cannot be saved from invalidation and so by restricting or reading it down, the court makes it workable so as to salvage and save the provision from invalidation. Rule of “Reading Down” is only for the limited purpose of making a provision workable and its objective achievable. Any dilution of the forfeiture provided under Rule 9(5) of the SARFAESI Rules would result in the entire auction process under the SARFAESI Act being set at naught by mischievous auction purchaser(s) through sham bids, thereby undermining the overall object of the SARFAESI Act of promoting financial stability, reducing NPAs and fostering a more efficient and streamlined mechanism for recovery of bad debts.

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