Category: EVIDENCE

EVIDENCE, Rape Case

Corroboration of testimony of victim in rape case is not warranted if circumstances not demanding it ?

Hardly a sensitized judge who sees the conspects of circumstances in its totality and rejects the testimony of a rape victim unless there are very strong circumstances militating against its veracity. None we see in this case, and confirmation of the conviction by the courts below must, therefore, be amatter of course. Judicial response to human rights cannot be blunted by legal bigotry. Continue reading “Corroboration of testimony of victim in rape case is not warranted if circumstances not demanding it ?”

Advocatetanmoy
Domestic Violence, EVIDENCE

Evidence in Domestic Violence Act

The Protection of Women from Domestic Violence Act 2005 is a beneficiary legislation and is intended to protect the interest of wife. In order to claim any relief under the said Act, must satisfy and prove before this Court that she is an aggrieved woman U/s.2(a) of the said Act and she has been subjected to domestic violence as defined U/s.3 of Domestic violence Act. Continue reading “Evidence in Domestic Violence Act”

Advocatetanmoy
EVIDENCE

It is for the accused to explain the bribe money in his possession, on failure of explanation, it will be presumed that he has accepted the bribe.

SUPREME COURT OF INDIA State of Gujarat Vs. Navinbhai Chandrakant Joshi Etc. [ ALL SC 2018 JULY] [Criminal Appeal Nos.895-896 of 2018 arising out of SLP (CRL.) Nos.8259-60 of 2016] The burden of proof placed upon the accused person against whom the presumption is made under Section 20 of the Act is not akin to that of burden placed on the prosecution to prove the … Continue reading It is for the accused to explain the bribe money in his possession, on failure of explanation, it will be presumed that he has accepted the bribe.

Advocatetanmoy
EVIDENCE

Relationship is not a ground affecting the credibility of a witness.

KEYWORDS:-Related witness It is fairly well-settled that relationship is not a ground affecting the credibility of a witness. In Mohabbat v. State of M.P., (2009) 13 SCC 630, this Court held as under:- “11. Learned counsel for the respondent State on the other hand supported the judgment of the High Court. “12. Merely because the eyewitnesses are family members their evidence cannot per se be … Continue reading Relationship is not a ground affecting the credibility of a witness.

Advocatetanmoy
EVIDENCE

State of Bombay Vs Kathi Kalu Oghad [ALL SC 1961 AUGUST]

KEYWORDS: 11 JUDGES BENCH- testimonial compulsion AIR 1961 SC 1808 : (1962) 2 SCR 10 : (1961) 2 CriLJ SC 856 (SUPREME COURT OF INDIA) State of Bombay Appellant Versus Kathi Kalu Oghad Respondent With Criminal Appeals Nos. 110 and 111 of 1958 Pokhar Singh (In both the Appeals) Appellant Versus State of Punjab (in both the Appeals) Respondent With Criminal Appeal No. 174 of 1959 … Continue reading State of Bombay Vs Kathi Kalu Oghad [ALL SC 1961 AUGUST]

Advocatetanmoy
EVIDENCE

Law of Confession under Indian Evidence Act

Section 164 Code of Criminal Procedure speaks about recording of confessions and statements. It reads thus: 164. Recording of confessions and statements. (1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being … Continue reading Law of Confession under Indian Evidence Act

Advocatetanmoy
EVIDENCE

If the case is supported by other materials, identification of the accused in the dock for the first time would be permissible

It is well settled principle that in the absence of any independent corroboration like TIP held by judicial Magistrate, the evidence of eye-witnesses as to the identification of the Appellants/accused for the first time before the trial Court generally cannot be accepted. As explained in Manu Sharma v. State (NCT of Delhi), (2010) 6 SCC 1 case, that if the case is supported by other … Continue reading If the case is supported by other materials, identification of the accused in the dock for the first time would be permissible

Advocatetanmoy
EVIDENCE, Law Question Papers

DESCRIPTIVE QUESTIONS ON INDIAN EVIDENCE ACT [ BEGINNER LEVEL]

 Explain what is not evidence before a court of law. In this line whether an affidavit can be said as evidence of a fact? What is fact in issue? How it is different from relevant fact? Whether a Dying declaration is a conclusive proof for establishing dowry death? What is permissible hearsay evidence? Whether inferential evidence has any place under the scheme of Indian Evidence … Continue reading DESCRIPTIVE QUESTIONS ON INDIAN EVIDENCE ACT [ BEGINNER LEVEL]

Advocatetanmoy
EVIDENCE

Examine the evidentiary value of Accomplice

Section 133 reads as under :­ 133. Accomplice. ­ An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice. Conviction can be based on the evidence of approver but as per Section 114, the care has to be taken by the Court that it should corroborated in … Continue reading Examine the evidentiary value of Accomplice

Advocatetanmoy
EVIDENCE

Which Evidence the Court permits or requires to be made before it in a Suit or Proceeding [ Relevant evidence]

Permissible hearsay Evidence [s 1to 16] HERESAY EVIDENCE-Hearsay evidence is that which attempts to prove the event In question, not by the assertion of one who has personal knowledge of it, but by transmission of his extra judicial assertion through the medium of witness who knows not of the event, but of the former’s narration in respect to it.(STEFEN`S DIGEST) 2. DIRECT EVIDENCE -Direct evidence is … Continue reading Which Evidence the Court permits or requires to be made before it in a Suit or Proceeding [ Relevant evidence]

Advocatetanmoy