Supreme Court in Himanshu Singh Sabharwal v. State of M.P. and Ors. (2008) 4 SCR 783, where this Court in paragraphs 14 and 15 has observed as under: 14. “Witnesses” as Benthem said: are the eyes and ears of...
Day: March 29, 2018
The tape-records of speeches were “documents”, as defined by Section 3 of the Evidence Act
6 min read
KEYWORD:- Tape recorded speech – Evidence- The evidence of voice identification is at best suspect, if not, wholly unreliable. Accurate voice identification is much more difficult than visual identification. It is prone to such extensive and sophisticated tampering, doctoring...
Corroboration is not the sine qua non for conviction in a rape case. The observations of Vivian Bose, J. in Rameshwar v. State of Rajasthan were: The rule, which according to the cases has hardened into one of law,...
CHILD WITNESS: In Rameshwar S/o Kalyan Singh v. The State of Rajasthan, AIR 1952 SC 54, Supreme Court examined the provisions of Section 5 of Indian Oaths Act, 1873 and Section 118 of Evidence Act, 1872 and held that...
KEYWORDS:- breach of promise to marry – DATE:- 04-04-2011 AIR 2011 SC 2564 : (2011) CriLJ SC 2591 : JT 2011 (4) SC 2 : (2011) 4 SCALE 224 (SUPREME COURT OF INDIA) K.P. Thimmappa Gowda Versus State of Karnataka (Before...
Section 315 of the Code of Criminal Procedure makes an accused a competent witness in his defence.
1 min read
Section 315. Accused person to be competent witness. (1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made...
The State of Andhra Pradesh v. N. Venugopal and Ors., AIR 1964 SC 33, State of Maharashtra v. Narhar Rao, AIR 1966 SC 1783, State of Maharashtra v. Atma Ram AIR 1966 SC 1786 Bhanuprasad Hariprasad Dave and Anr....
It is a settled legal proposition that in exceptional cases where there are compelling circumstances, and the judgment under appeal is found to be perverse i.e. the conclusions of the courts below are contrary to the evidence on record...
Under construction In State of Bihar and Ors. v. Radha Krishna Singh and Ors., AIR 1983 SC 684, this Court dealt with the issue of prohibitive value of the contents of an admitted document and held as under: Admissibility...
Section 313 Code No matter how weak or scanty the prosecution evidence is in regard to certain incriminating material, it is the duty of the Court to examine the accused and seek his explanation on incriminating material that has...
In Gulab Chand v. State of M.P., AIR 1995 SC 1598, Supreme Court upheld the conviction for committing dacoity on the basis of recovery of ornaments of the deceased from the possession of the person accused of robbery and...
It is a settled legal proposition that while appreciating the evidence of a witness, minor discrepancies on trivial matters, which do not affect the core of the prosecution’s case, may not prompt the Court to reject the evidence in...