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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
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