Judicial Dictionary



Title Incumbit probatio qui decit, non qui negat
Details

Incumbit probatio qui decit, non qui negat- means:–
The burden of proving a fact rests on the party who substantially asserts the affirmative of the issue and not upon the party who denies it; for a negative is usually incapable of proof.
The Appellate Division held that the strong admission being corroborated by documentary evidence, it can be inferred beyond reasonable doubt that the accused was present in Chittagong during the relevant time of occurrences and hence, the plea of alibi taken by the defence is concocted, false and not believable. Since the defence admitted the presence of accused at the crime sites, the prosecution has been able to prove as to whether the accused was involved in those incidents. (Para-127); .....Salauddin Quader Chowdhury =VS= The Chief Prosecutor, ICT, Dhaka, (Criminal), 2017 (1)- [2 LM (AD) 511] ....View Full Judgment