Subrata Talukdar, J. - (1.) It has been famously remarked that there are "lies, damned lies and statistics". Be that as it may, there are statistics aplenty in this keenly disputed matter and, it is such statistics alone which comprise the core of both the written and oral submissions of the appearing parties.
(2.) This is definitely not a first and, will also not be the last for any Court to venture into the statistical probability and/or plausibility of one argument or, a set of arguments over another. The statistical probability and/or plausibility, in other words, the odds favouring one mathematical result over another was famously pressed into service by the late Panna Lal Basu, M.A.B.L., the then Additional District and Sessions Judge, Dacca while decreeing in favour of the Second Kumar of Bhowal in Title Suit No.38 of 1935.
(3.) In his judgement delivered on 24th August, 1936, the Learned Judge writes:- "Add- Shoes fit. Clothes fit. General figure same, except for fat of which one sees a trace in the photo a (15) (look at the neck). He looks the same age. His height might well be to-day what it is, looking to his height at the age of nearly 21. Add the marks found: the boli-mark on the head; the boli-mark; the operation-mark near the groin; the tiger-claw mark; the 'til' or 'mole' on the penis; the voice and the gait. Add these as a re-assurance. Add the fact that the Kumar was on the whole a very exceptional looking man and the coming of the plaintiff at Dacca is itself an accident on the defendants' theory. Leaving aside the things said in these paragraphs, the rest-those on the table above- are a collection of accidents that can never occur in a second individual. If the chance of each of the items occurring in a second individual is represented by a fraction, the chance of all these occurring in another is the product of these fractions, and anyone with a sense of mathematical odds would see that it is nil.";