EMPEROR Vs. SHAFI AHMED NABI AHMED

JUDGEMENT

(1.) [After explaining the relative functions of the judge 1825 anci jury the learned Judge continued his summing up as follows :] Now you may ask upon that what is meant by saying that the guilt of an accused person is proved ? As to that again, Ahmed varjoa8 cases have been cited for your instruction and various text books have been referred to. But 1 do not think myself, gentlemen, that we could take the matter further than the rule which the legislature baa laid down for our guidance in the Indian Evidence Act. That contains in a short compass what the legislature means by the use of the word proved , and I will read to you the definitions of proved , disproved , and not proved, as contained in B. 3 of that Act. "A fact is said to be proved when, after considering the matters before it, the Court (that is yourselves in the present case) either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists." What does that mean in plain language ? It means that you are prudent men, you consider the matters before you, and you say to yourselves Do we believe that such and such a fact exists V Or Do we believe that such and such an accused person is guilty ? Or Do we think that it is be probable that that fact is proved or that guilt is established, that under the circumstances of the particular case, we ought to act upon that supposition." We cannot, in human affairs, prove anything with mathematical certainty and the law does not require it. The law does require that you as reasonable men should give to this case the consideration which you would give to your most important private affair, and having given that consideration fully and conscientiously, if you are of opinion that the accused are guilty or that their guilt is on probable that a prudent man would assume that they are guilty, then you would find them guilty. If you come to a conclusion short of that, then it would be your duty to hold that they are not guilty.

(2.) I will further point out to you what is meant by disproved , and that is contained in the same section. "A fact is said to be disproved when, after considering the matter before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist." That is merely the converse of the previous proposition and that definition you may bear in mind when you come to consider whether any fact alleged by the prosecution is disproved by the evidence adduced on behalf of the defence or by the statements of the accused.

(3.) Further it is said "A fact is said not to be proved when it is neither proved nor disproved," That is a state of mind between two states of mind when you are unable to say precisely how the matter stands.