Evidence Law--May presume and shall presume--Difference between--In the former case the Court has an option to raise the presumption or not, but in the latter case, the Court must necessarily raise the presumption--If in a case the Court has an option to raise the presumption and raises the presumption, the distinction between the two categories of presumptions ceases and the fact is presumed, unless and until it is disproved--Evidence Act, 1872, Section 4.

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Medical Evidence--Ocular Evidence—Variance between—Oral evidence has to get primacy as the medical evidence is basically opinionative

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Evidence Law--Confession--Extra Judicial Confession--Conviction made on basis of extra judicial confession--Held; While dealing with a stand of extra judicial confession, Court has to satisfy itself that the same was voluntary and without any coercion and undue influence--Extra judicial confession can form the basis of conviction if persons before whom it is stated to be made appear to be unbiased and not even remotely inimical to the accused

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Evidence Law--Extra Judicial confession--Circumstantial evidence--An extra judicial confession is, on the face of it, a weak piece of evidence and the Courts are reluctant in the absence of a chain of cogent circumstances to rely on this evidence for the purpose of recording a conviction--Evidence Act, 1872, Section 3 and 24.

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