consciousness. His testicles and back were badly bruised and swollen. The officers forced a cigarette stick into his mouth, moving it back and forth, and poured cold water all over his body. At that point, he heard one of the soldiers asking another if he had finished digging the grave. In another round of torture, the 5"" Applicant was stripped naked by the NIA officers who administered electric shocks to his back, forehead and testicles. He received no medical attention after being tortured on either occasions. These acts have left the 5 Applicant in an unstable state and unable to do any arduous work. The Defendant on the other hand denied subjecting the 4" and 5" Applicant to any form of torture and put them to the strictest proof. It is trite that the burden of proof rest on he who asserts the affirmative and not on he who denies. In the words of Lord Maugham in the case of Constantine line V. Imperial Smelting Corporation 1942 AC.154 at p.174, this ancient rule founded on consideration of common sense should not be departed from without strong reasons. The burden therefore, lies on the Applicant to establish their allegation. The 4" and 5"" Applicants in establishing their claim, attached a medical report from an independent forensic experts group. In the report, the experts stated that the 4" and 58