Disciplinary Proceedings | Evaluation of Evidence - Guidelines


(a) In evaluating evidence probabilities must be considered in preference to possibility. Probability means the likelihood of anything to be true as inferred from the knowledge, observation, and experience. When two possibilities emerge from a given set of facts, then the one consistent with innocence should be adopted.

 

(b) Departmental Officers are the best judges of the merit of the work.

 

(c) The charge against a delinquent should not be deemed to be proved by weakness of defence but it should be on the basis of positive and affirmative evidence of guilt given by the prosecution.

 

(d) It is not necessary to prove motive.

 

(e) Motive to be proved in case of Bribe / Dishonesty with employers’ business or property.

 

(f) Evidence of Trap witness needs corroboration.

 

(g) Evidence of the confession of the accused against the co-accused needs corroboration.

 

(h) Inconsistency in material points by the same witness weakens the strength

 

(i) Credibility of a witness does not depend on status.

 

(j) Demeanour of a witness needs due consideration.

 

(k) Evidence will have to be weighed and not counted.

 

(l) Mere admission of a document is no evidence. The contents will have to be proved.



 OPEN - CCA Rules - References (open)


cca rules, classification, control and appeal rules   servicesjournal.in




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