658 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
DISCHARGE OF THE BURDEN OF PROOF
1. Effect of Evidence may be :
(i) To prove a fact.
(ii) To disprove a fact.
(iii) To fail to prove and therefore disprove.
- Burden of Proof is discharged when :
(i) The fact required to be proved is proved.
(ii) The fact required to be disproved is disproved.
Burden of proof is not discharged when the Party on whom the Burden lies fails to prove or disprove as the case may be.
When can a fact be said to be proved or disproved ? And when can it be said to be not proved.
The answer to this question is given in section 3.
N OTE . — Two things must be noted.
(i) Proof does not mean rigid mathematical demonstration.
(ii) Moral conviction is not proof.
Proof means Evidence.
But such evidence as would induce a reasonable man to come to some conclusion.
(1911) I. K. B. 988 (995).
31 Bom. L.R. 516.
The question of proof is one of probability and not of certainty.
Discharge of Burden of Proof and Quantum of Evidence
(I) Under the English Law corroboration is necessary in certain cases:
(1) High Treason—Two witnesses.
(2) Perjury—
(3) Breach of Promise—
(4) Bastard—Mother’s testimony must be corroborated.
(II) Under the Indian Law the rule is absolute. The Court may act on the testimony of a single witness even though uncorroborated.
Exception.
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