To appreciate the merits , we may consider marking of documents during cross examination by showing the documents to the witness. The documents in the possession of the cross-examiner may either be admissible in itself or inadmissible. In a given case, the Document/ Photograph is an admissible document.
Category: Evidence Act 1872
Even strong circumstances cannot take place of proof and guilt have to be proved by prosecution beyond reasonable doubt-EXPLAIN
Supreme Court has, time out of number, observed that while appreciating circumstantial evidence the Court must adopt a very cautious approach and should record a conviction only if all the links in the chain are complete pointing to the guilt of the accused and every hypothesis of innocence is capable of being negatived on evidence.
How to discharge burden of proof- Give example
notwithstanding the general burden on the prosecution to prove the offence, the burden of proving the absence of the ingredients of the offence under certain circumstances was on the accused.
Whether the statement made by a victim having suffered 100% burn injuries could be accepted?
Therefore, the mere fact that the patient suffered 92% burn injuries as in this case would not stand in the way of patient giving a dying declaration which otherwise inspires the confidence of the Court and is free from tutoring, and can be found reliable.
Corroboration of the testimony of a single witness in Murder Case
The decision of this Court in the case of Vemireddy Satyanarayan Reddy vs. State of Hyderabad, (1956) SCR 247 (B) was also relied upon in support of the contention that in a murder case the court insists on corroboration of…
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Whether contents of a memory card being electronic record U/S 2(1)(t) of IT Act can be termed as “document”: SC says yes-29/11/2019.
P. Gopalkrishnan @ Dileep Versus State of Kerala and Anr.- Whether contents of a memory card being electronic record under Sec 2(1)(t) of IT Act 2000 would qualify as a “document” Section 3 of the Indian Evidence Act, 1872 (forby short, ‘the 1872 Act’) and Section 29 of the Indian Penal Code, 1860.
Ramesh Dasu Chauhan and Another Vs. State of Maharashtra-04/07/19
Evidence Act-There is no gainsaying that confession made to a police officer cannot be proved as against a person accused of any offence and no confession made by a person while in police custody except made in the immediate presence of a Magistrate, can be proved against him in view of embargo created by Sections 25 and 26 of the Evidence Act. Section 27 of the Act nevertheless carves out an exception as it provides that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence while he is in police custody, "so much of such information", regardless of it being a confession or not, may be proved, if it relates distinctly to the fact thereby discovered.
Evidentiary value of confession
In Yakub Abdul Razak Memon, after referring to several judgments of this Court on the evidentiary value of confession particularly judgment of this Court in Nalini, this Court summed up the position of law on the evidentiary value of confession.…
Testimony of the approver
Supreme Court in Sarwan Singh Vs. The State of Punjab, wherein it has been held as follows: ...An accomplice is undoubtedly a competent witness under the Indian Evidence Act. There can be, however, no doubt that the very fact that…
Yashwant Sinha & Ors. Vs. Central Bureau of Investigation through its Director & ANR – 10/04/2019
Under the common law both in England and in India the context for material being considered by the court is relevancy. There can be no dispute that the manner in which evidence is got namely that it was procured in…
Expert witness rendering opinion evidence, DNA testing & Superimposition technique
The law of evidence is designed to ensure that the court considers only that evidence which will enable it to reach a reliable conclusion. The first and foremost requirement for expert evidence to be admissible is that it is necessary to hear the expert evidence. The test is that the matter is outside the knowledge and experience of the layperson. Thus, there is a need to hear an expert opinion where there is a medical issue to be settled.
The meaning of “discovery of fact”
The Supreme Court has explained the meaning of “discovery of fact” in consequence of information received from the accused laid down in Section 27 of the Evidence Act in paragraph 35 of “State of Maharashtra V. Damu” reported in (2000) 6 SCC 269, as follows:…
In cases based upon circumstantial evidence, motive assumes greater importance
Regarding law on the circumstance of last seen, the observation of Supreme Court in Mohibur Rahman and Another Vs. State of Assam, are relevant: The circumstance of last seen together does not by itself and necessarily lead to the inference…
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Chance witness
On scrutiny of the below decisions, we find that the Hon'ble Apex Court has specifically observed that presence of witness was doubtful and no reliance can be placed on such chance witness.
Rule under Section 101 of the Evidence Act -the burden to prove a fact
The elementary Rule under Section 101 of the Evidence Act, is inflexible. Ordinarily, the burden to prove the fact rests on the party who substantially asserts affirmative of the issue and not on the party who denies it. In terms…
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